NSW Caselaw
Reported Decision : (1999) 106 LGERA 202
Land and Environment Court of New South Wales CITATION: Belongil Progress Association Inc v Byron Shire Council and Anor [1999] NSWLEC 271
PARTIES APPLICANT Belongil Progress Association Inc
RESPONDENT Byron Shire Council and Anor
NUMBER: 40050 of 1999
CORAM: Cowdroy J
KEY ISSUES: Environmental Planning Instruments :- amendment to local environmental plan - no environmental study as required by Minister's direction under s 117 - Minister not advised of non-compliance in report provided by s 69 - failure to consult with government authority under s 62 - whether failure to consult is unreasonable in the sense of Wednesbury unreasonableness - error in advertisement as required by s 66 - doctrine of severability applicable - invalidity of LEP
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 54, s 57, s 62, s 65, s 66, s 68, s 69, s 70, s 74, s 117 Interpretation Act 1987 s 32(2)
DATES OF HEARING: 11/03/1999; 11/04/1999; 11/05/1999; 12/06/1999
DATE OF JUDGMENT DELIVERY: 12/22/1999
APPLICANT Mr W Davison SC with Ms L Byrne (Barrister)
SOLICITORS Hill Thompson & Sullivan
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