JUDICIAL REVIEW:- validity of decisions made at intermediate stages of a process for making a local environmental plan (LEP) under the Environmental Planning and Assessment Act 1979 — whether Council failed to prepare an environmental study of the land (LES) as required by s 57(1) because the purported LES was not an objective, disinterested study of the land — whether Council failed to prepare a LES as required by s 57(1) because it was uncertain in its operation — whether Council failed to have regard to a LES as required by s 61 — whether Council failed to consult in the preparation of the LES and the draft LEP as required by s 62 — whether Council failed to comply with implied obligation to take account of submissions made in response to consultations under s 62 — whether Council failed to take into account mandatory relevant considerations — whether in submitting under s 64 draft LEP and LES to Director-General of Department of Planning the Council's General Manager acted in excess of delegated power — whether Council's decision to submit was infected by apprehended bias — whether power of Director-General to issue certificate under s 65 was enlivened — whether Director-General failed to take into account mandatory relevant consideration.
Case Details
Citation[2011] NSWLEC 83
CourtNSWLEC
JurisdictionNew South Wales
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