Taperell & Anor v Randwick City Council [2000] NSWLEC [2000] NSWLEC 103

Land and Environment Court of New South Wales

CITATION : Taperell & Anor v Randwick City Council [2000] NSWLEC [2000] NSWLEC 103 APPLICANTS PARTIES : Christopher Henry Taperell & Gwyneth Elaine Taperell RESPONDENT Randwick City Council FILE NUMBER(S) : 10756 of 1999 CORAM: Lloyd J KEY ISSUES: Judicial Review :- validity of development control plan - discrepancies between final plan and publicly exhibited draft - whether final plan different from exhibited draft plan Environmental Planning & Assessment Act 1979 s72 LEGISLATION CITED: Environmental Planning & Assessment Regulation 1994 Pt 3 Randwick Local Environmental Plan 1998 John Brown Lenton & Co. Pty Ltd v The Minister (1999) 106 LGERA 150; CASES CITED: Leichhardt Council v The Minister [No 2] (1995) 87 LGERA 78; Vanmeld Pty Ltd v Fairfield Council (1999) 46 NSWLR 78, 101 LGERA 297 DATES OF HEARING: 21/03/00 DATE OF JUDGMENT: 06/02/2000

APPLICANT: D P Wilson (Barrister) SOLICITORS: Haralambis Lawyers LEGAL REPRESENTATIVES: RESPONDENT: W R Davison SC SOLICITORS: Bowen & Gerathy

JUDGMENT: IN THE LAND AND Matter No: 10756 of 1999 ENVIRONMENT COURT Coram: Lloyd J OF NEW SOUTH WALES Decision date: 2 June 2000

Taperell & Anor Applicant

v

Randwick City Council Respondent

JUDGMENT

HIS HONOUR:

1. This is a question of law raised in proceedings being heard by a commissioner and which has been referred to me under s 36(5) of the Land & Environment Court Act 1979 for determination. The question is as follows: Whether the development control plan Exhibit 3 in these proceedings is void and of no effect in that the plan was not made in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and its Regulations.