Woolworths Limited v Wyong Shire Council & Ors [2005] NSWLEC 400

Land and Environment Court of New South Wales

CITATION : Woolworths Limited v Wyong Shire Council & Ors [2005] NSWLEC 400

APPLICANT: Woolworths Limited FIRST RESPONDENT: Wyong Shire Council PARTIES : SECOND RESPONDENT: Errol Investments Pty Limited THIRD RESPONDENT: Minister Administering the Environmental Planning and Assessment Act 1979

FILE NUMBER(S) : 41492 of 2004

CORAM: Pain J

Judicial Review :- challenge to local environmental plan - validity of clause in LEP - whether s 35 precludes challenge to LEP - whether Council has jurisdiction under LEP to grant development consent KEY ISSUES: Judicial Review :- challenge to development consent - whether delegated authority properly exercised - whether failure to consider development control plan - whether Council took into account an irrelevant consideration - whether failure to consider noise and traffic impacts

Environmental Planning and Assessment Act 1979 s 4, s 5, s 24, s 26, s 35, s 70, 79C, s 101 Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005 Interpretation Act 1987 s 33 Land and Environment Court Act 1979 s 25A, s 25B Migration Act 1958 (Cth) LEGISLATION CITED: Motor Vehicles Act 1988 Retail Centres Development Control Plan No. 81 State Environmental Planning Policy 1 – Development Standards State Environmental Planning Policy 5 – Housing for Older People or People with a Disability Warnervale East & Wadalba North-West Urban Release Area (Wadalba, Hamlyn Terrace and Woongorrah) Development Control Plan No. 49 Wyong Local Environment Plan 1991 cl 2, cl 7, cl 10(3), cl 59