The Corporation of the City of Enfield v Development Assessment Commission and Collex Waste Management Services Pty Ltd No. SCGRG 95/2422 Judgment No. 5684 Number of Pages 26 Local Government Town Planning

The Corporation of the City of Enfield (the Council) sought a declaration that the provisional development plan consent granted by the Development Assessment Commission (the Commission) to Collex Waste Management Services Pty Ltd (Collex) was ultra vires and void. The Council also sought an injunction restraining Collex from acting pursuant to the terms of the consent. The Council argued that the Commission had misclassified the proposed development as a general industry instead of a special industry and thus failed to comply with the procedures prescribed by the Development Act and the Development Regulations for determining applications for a special industry. The Supreme Court of South Australia found that the Commission had misclassified the proposed development and had failed to follow the correct procedures. The Court set aside the provisional development plan consent and granted the orders sought by the Council.