NSWNSWLEC
Cobden-Jones & Anor v Woollahra Municipal Council & Ors
[2002] NSWLEC 2
Land and Environment Court (NSW)|1986-06-02|Before: Sheahan J, Cripps J, Stein J
View original sourceAt a glance
Source factsCourt
Land and Environment Court (NSW)
Decision date
1986-06-02
Before
Sheahan J, Cripps J, Stein J
Source
Original judgment source is linked above.
Judgment (101 paragraphs)
[1]
Introduction to the consideration of the applicants' challenges
[2]
- Councils have duties to act reasonably, in good faith, and upon lawful and relevant grounds of public interest, so that their powers are used for the public good and not for "extraneous, illicit or irrelevant" purposes. Warringah Shire Council v Pittwater Provisional Council (1992) 76 LGRA 231 at 246f per Kirby P. There is a "presumption of regularity" about their actions.
[3]
- At issue in this case is the way in which Councils, as consent authorities under the EP&A Act, should approach and discharge their duties, especially when a development is proposed of substantial size and significance.