Misinterpretation of a zoning map forming an integral part of a local environmental plan constitutes an error of law equivalent to misconstruction of the text of a statutory provision. However, such an error will not vitiate a compensation decision where the primary judge's conclusion rests on independent findings of fact (such as the application of planning controls) that are divorced from the error. Successive State organs responsible for compulsory acquisition (SPA, PEC, Minister) may be treated as one for the purposes of the s 56(1)(a) disregard.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.