Wingecarribee Shire Council v De Angelis

[2016] NSWCA 189

NSW Court of Appeal

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Interrogate

Catchwords

1. Environment and Planning
2. › Development applications
3. › Savings provisions in environmental planning instruments
4. › Whether savings provision in LEP had ambulatory effect
5. › Whether development application lodged after commencement of LEP but before amendment was 'saved'
6. › Wingecarribee Local Environmental Plan 2010, cl 1.8A
1. Statutory Interpretation
2. › Environmental planning instruments
3. › Savings and transitional provisions
4. › Whether 'this Plan' referred to instrument as originally published or included subsequent amendments
5. › Whether savings provision had ambulatory effect
6. › Wingecarribee Local Environmental Plan 2010, cl 1.8A
1. Appeal
2. › Leave to appeal
3. › Interlocutory decision of Land and Environment Court in Class 1 jurisdiction
4. › Error in construction of savings provision of environmental planning instrument
5. › Land and Environment Court Act 1979 (NSW), s 57

Quick Take

Savings provisions in local environmental plans that refer to development applications made before the commencement of 'this Plan' apply only to applications lodged before the original commencement of the LEP, not to applications lodged before subsequent amendments. The principle that 'this Act' in an amending provision refers to the whole Act as amended does not give savings provisions ambulatory effect. Development applications lodged after the commencement of an LEP but before a subsequent prohibiting amendment are not 'saved' by the original savings provision.