Henroth Investments Pty Ltd v Sydney North Planning Panel

[2019] NSWCA 68

NSW Court of Appeal

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Interrogate

Catchwords

1. Environment and Planning
2. › Environmental planning instruments
3. › Local environmental plan
4. › Proposal to rezone land
5. › Review of rejection by planning panel
6. › Power of panel to consider proposal
7. › Whether panel obliged to comply with Secretary's requirements under s 55(3)
8. › Whether panel obliged to have regard to local strategy endorsed by Department
9. › Environmental Planning and Assessment Act 1979 (NSW), ss 54, 55
1. Administrative Law
2. › Judicial review
3. › Availability of judicial review
4. › Decision not to make recommendation at preliminary stage of decision-making process
5. › Whether failure to take matter into account could have affected legal interests
6. › No legal right conferred on proponent to have amendment considered otherwise than in accordance with Act
1. Administrative Law
2. › Judicial review
3. › Mandatory relevant considerations
4. › Whether decision-maker failed to take into account mandatory consideration
5. › Whether material before decision-maker addressed relevant matter
6. › Whether criticism directed to weight rather than consideration
1. Practice and Procedure
2. › Costs
3. › Multiple parties
4. › Party with no legal interest joined to proceedings
5. › Whether inappropriate to join party
6. › Whether decision-maker may take active role where no other party available
7. › Hardiman principle

Quick Take

Practitioners seeking review of planning panel decisions under s 54(2)(c) should note that the panel's review function is distinct from the preparation of a planning proposal and is not governed by the Secretary's requirements under s 55(3).