Wyong Shire Council v MCC Energy Pty Ltd

The appeal concerned a development consent granted by Wyong Shire Council to MCC Energy Pty Ltd. The dispute arose from the Council's decision to approve an altered development application after an initial application had been rejected. The matter came before the Court of Appeal of New South Wales.

The Court was required to determine several legal issues. These included whether the delegation of power to grant development consent was current and whether the conditions for exercising that delegation had been satisfied. Specifically, the Court considered whether the development application "largely complied" with the Council's codes and policies and whether it was subject to "significant public objection." Further issues involved whether the Council failed to take into consideration relevant factors, such as the impact on views, and whether the delegate's opinion was properly formed, particularly in light of an erroneous conclusion about the building's height and its compatibility with zone objectives. Finally, the Court examined whether the decision to approve the altered application was manifestly unreasonable under the Wednesbury unreasonableness standard.

The Court of Appeal allowed the appeal in part. It reasoned that while the delegation was current, the delegate had failed to take into account the impact on views, which was a relevant consideration. The Court also found that the delegate's erroneous conclusion regarding the building's height did not necessarily vitiate the opinion that the development was compatible with the zone objective, as the objective referred to height "generally" not exceeding two storeys. However, the Court did not find the decision to be manifestly unreasonable. Consequently, the Court stayed an order of the Land and Environment Court to allow for the determination of the development application by the Council or by the Land and Environment Court on appeal. Liberty to apply was reserved.