Mid Western Community Action Group Incorporated v Mid-Western Regional Council & Anor (No 2) [2008] NSWLEC 143

Land and Environment Court of New South Wales

CITATION : Mid Western Community Action Group Incorporated v Mid-Western Regional Council & Anor (No 2) [2008] NSWLEC 143 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Mid Western Community Action Group Incorporated

PARTIES : FIRST RESPONDENT Mid-Western Regional Council

SECOND RESPONDENT Stockland Development Pty Limited

FILE NUMBER(S) : 40200 of 2007

CORAM: Jagot J

KEY ISSUES: Judicial Review :- conditional validity of development consent - declarations as to validity under s 25C - statutory scheme for validating consents - apprehended bias - discretion - judgment in rem - utility - declarations made

Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Amendment Act 1997 LEGISLATION CITED: Environmental Planning and Assessment Legislation Amendment Act 1997 Land and Environment Court Act 1979 Local Government Act

Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 F & D Bonnacorso Pty Ltd v City of Canada Bay Council (No 2) [2007] NSWLEC 537 IOOF Australia Trustees Ltd v Seas Sapfor Forests Pty Ltd (2000) 78 SASR 151 IW v City of Perth (1996) 191 CLR 1 CASES CITED: Kindimindi Investments Pty Ltd v Lane Cove Council (2007) 150 LGERA 333 Mid Western Community Action Group Inc v Mid-Western Regional Council & Stockland Development Pty Limited [2007] NSWLEC 411 P E Bakers Pty Ltd v Yehuda (1988) 15 NSWLR 437 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Webb v The Queen (1991) 181 CLR 41