ADMINISTRATIVE LAW — judicial review — challenge to the validity of Ku-ring-gai Local Environmental Plan (Town Centres) 2010 — delegation to planning Panel to issue certificate under s 65 of the Environmental Planning and Assessment Act 1979 ("EPA Act") — no certificate issued by Panel — no invalidity attending absence of certificate — exhibition of draft instrument under s 66 of the EPA Act — diverse locations to view documents in addition to the location of the "statutory exhibition" — misleading exhibition material — need to consider the "interested reader" of exhibition material — alteration by both the Panel and the Minister of the exhibited draft instrument following exhibition — draft planning instrument altered in important respects — aggregate affect of all alterations — not the product of the process for plan preparation required by Part 3, Division 4 of the EPA Act — consideration of cl 10 of State Environmental Planning Policy No 19 — Bushland in Urban Areas — substantive consideration of the requirements — validity of s 69 report prepared by Panel as delegate of the Director-General — impact of planning changes upon Council-owned land — Guidelines for Councils using delegated powers to prepare LEPs involving land owned or controlled by Council ("the Guidelines") — need for land to be classified as operational land before disclosure mandated by Guidelines — substantive alteration to draft instrument without re-exhibition of the altered draft — instrument of no legal force and effect
Case Details
Citation[2011] NSWLEC 128
CourtNSWLEC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
1 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.
