DeBattista v Minister for Planning and Environment [2019] NSWCA 237

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: DeBattista v Minister for Planning and Environment [2019] NSWCA 237 Hearing dates: 19 July 2019 Date of orders: 01 October 2019 Decision date: 01 October 2019 Before: White JA at [1]; McCallum JA at [15]; Emmett AJA at [16] Decision: 1. To the extent that leave is required, leave to appeal be granted. 2. The appeal be dismissed. 3. The appellant pay the respondents' costs of the appeal. Catchwords: ENVIRONMENT AND PLANNING – building control – council consent and approval – whether the Council's processes in determining whether to amend a Local Environmental Plan are of a political and policy nature only, precluding the Land and Environment Court from intervening – whether there was a reasonable apprehension of bias that should preclude the Council from proceeding with the Planning Proposal for the amendment of the Local Environmental Plan

APPEALS – whether the primary judge demonstrated any error in failing to make an order requiring the Council to withdraw the Planning Proposal for the amendment of the Local Environmental Plan – whether the proceedings in the Land and Environment Court have been the subject of final disposition Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Cases Cited: McGovern v Ku-ring-gai Council (2008) 72 NSWLR 504; 161 LGERA 170 Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507; [2001] HCA 17 Category: Principal judgment Parties: David DeBattista (Appellant) Minister for Planning and Environment (First Respondent) Shoalhaven City Council (Second Respondent) Representation: Counsel: In person (Appellant) Submitting appearance (First Respondent) A M Pickles SC with F J Berglund (Second Respondent)