A council deciding whether to submit a draft local environmental plan to the Director-General under s 68(4) of the EPA Act is bound to take into account the most current material available to it that may have a direct bearing on the appropriate zoning, applying the Peko-Wallsend principle. This obligation exists independently of any specification notified under s 57(2) and extends to material of which the council has constructive knowledge through its officers. The question of whether non-compliance with s 57(2) specifications is a jurisdictional requirement was left open, with Basten JA suggesting it should not be so treated.
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