James Fan recently acted for Northern Beaches Council (formerly Manly Council) in defence of an appeal to a Judge of the Land and Environment Court against a decision of a Commissioner dismissing an appeal against Council’s refusal of a development application for a residential flat development.

In the appeal before the Commissioner, the plans were amended a number of times and the applicant had unsuccessfully sought an “amber light” from the Commissioner (i.e. that the proceedings be adjourned to enable the applicant to make further amendments to the plans which if made, would be capable of approval by the Court).

Justice Sheahan dismissed the appeal, finding that the decision whether to adopt an “amber light” approach was a discretionary matter for the Commissioner, who had committed no legal error.

Link to judgment