Where a landowner has validly served a notice requiring a council to acquire land under a Local Environmental Plan, the obligation to acquire survives a subsequent amendment to the plan that removes the relevant zoning, because the entitlement to have the council apply for the Governor's approval is a substantive accrued right under s 34(4)(b) of the Environmental Planning and Assessment Act 1979 (NSW). An entitlement to have another party apply for an approval that will benefit the entitled person is a substantive right, not merely an entitlement to set in train a discretionary process.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.