JUDICIAL REVIEW — development consent for change of use to a dairy processing plant — development control plan required notification of persons affected by development — whether development control plan applicable — failure to consider and comply with development control plan — noise and odour impacts of development — whether council considered impacts — failure to consider impacts not established — remedy for breach of statutory notification requirement — discretion not to make declaration of invalidity under remedy power and under s 25B of the Land and Environment Court Act 1979 — whether discretion should be exercised — declaration of invalidity of development consent made
Case Details
Citation[2012] NSWLEC 163
CourtNSWLEC
JurisdictionNew South Wales
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