Randall Pty Ltd v Willoughby City Council [2005] NSWCA 205

Reported Decision : 144 LGERA 119

New South Wales Court of Appeal

CITATION: Randall Pty Ltd v Willoughby City Council [2005] NSWCA 205

HEARING DATE(S): 26 May 2005

JUDGMENT DATE: 27 June 2005

JUDGMENT OF: Giles JA at 1; Santow JA at 2; Basten JA at 3

DECISION: No error of law has been established in relation to the decision of the Commissioner, or any part thereof. Accordingly, Talbot J was correct in rejecting the appeal before him. Leave to appeal is refused. The Claimant must pay the costs of the proceedings in this Court.

CATCHWORDS: Planning - application for variation to development consent - application of s79C(1) and s96 of the Environmental Planning and Assessment Act 1979 (NSW) - whether addressing non mandatory consideration demonstrated error of law - whether proposed imposition of fee for first two hours of parking would have an "economic impact" on the "locality"

Environmental Planning and Assessment Act 1979 (NSW) LEGISLATION CITED: Land and Environment Court Act 1979 (NSW) Local Government Act 1919 (NSW)

Water Conservation and Irrigation Commission (NSW) v Browning (1947) 74 CLR 492 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1985-86) 162 CLR 24 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs [2005] HCA 24 Kentucky Fried Chicken Pty Ltd v Gantidis (1979) 140 CLR 675 Fabcot v Hawkesbury City Council (1997) 93 LGERA 373 Liu v Fairfield City Council (1996) 130 LGERA 230 CASES CITED: Cartier Holdings Pty Ltd v Newcastle City Council (2001) 115 LGERA 407 City West Housing Pty Ltd v Sydney City Council (1999) 110 LGERA 262 R v Westminster City Council; Ex parte Monahan [1989] 3 WLR 408 Royal Sydney Golf Club v Federal Commissioner of Taxation (1956-57) 97 CLR 337 Collector of Customs v Agfa-Gevaert Ltd (1995-96) 186 CLR 389 Parisienne Basket Shoes Pty Ltd v Whyte (1938) 59 CLR 369