CPT Manager Limited (acting as trustee of the Broken Hill Trust) v Broken Hill City Council [2010] NSWLEC 69

Land and Environment Court of New South Wales

CITATION : CPT Manager Limited (acting as trustee of the Broken Hill Trust) v Broken Hill City Council [2010] NSWLEC 69 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT CPT Manager Limited (acting as trustee of the Broken Hill Trust)

FIRST RESPONDENT PARTIES : Broken Hill City Council SECOND RESPONDENT Leasecorp Holdings 1 Pty Limited THIRD RESPONDENT Broken Hill Developments Pty Limited

FILE NUMBER(S) : 40831 of 2009

CORAM: Craig J

JUDICIAL REVIEW :- apprehended bias - prejudgment - area of public road included in development site - concurrent consideration of application for road closure under the Roads Act 1993 and development application under the Environmental Planning and Assessment Act 1997 - decision by Council to apply for road closure and agree upon price for sale of road made prior to determination of development application - separate statutory functions being performed - no apprehension of bias by prejudgment

JUDICIAL REVIEW:- apprehended bias - prejudgment - failure to give reasons for decision to grant development consent - reasons for decision not required by statute - Model Code of Conduct adopted under the Local Government Act 1993 did not create an expectation for reasons to be given - no apprehension of bias by prejudgment

KEY ISSUES: JUDICIAL REVIEW:- apprehended bias - prejudgment - alleged meeting between decision-maker and development applicant - not established that meeting took place - equal opportunity to meet decision-maker given to objectors - role of consent authority under the Environmental Planning and Assessment Act 1979 - no apprehension of bias by prejudgement