Ku-ring-gai Council v Minister for Planning & Anor [2008] NSWLEC 174

Land and Environment Court of New South Wales

CITATION : Ku-ring-gai Council v Minister for Planning & Anor [2008] NSWLEC 174

APPLICANT: Ku-ring-gai Council

PARTIES : FIRST RESPONDENT: Minister for Planning

SECOND RESPONDENT: Ku-ring-gai Council Planning Panel

FILE NUMBER(S) : 40042 of 2008

CORAM: Biscoe J

Judicial Review :- Validity of order by Minister for Planning appointing a planning panel under s 118(1)(b) of Environmental Planning and Assessment Act 1979 - whether invalid on any of following grounds - whether failed to take into account a mandatory relevant consideration - whether failed to obtain concurrence of Minister for Local Government as required by s 118(8) - whether invalid because of prior Ministerial direction made under s 55 - whether denial of procedural fairness - whether council was functus officio in respect of functions vested in the panel - whether Minister estopped from denying that the jurisdiction of the panel extended only to the area within the council's draft local environmental plan. KEY ISSUES: Estoppel: - order by Minister for Planning appointing a planning panel under s 118(1)(b) of Environmental Planning and Assessment Act 1979 - whether Minister estopped from denying that the jurisdiction of the panel extended only to the area within the council's draft local environmental plan.

Environmental Planning and Assessment Act 1979 (NSW), ss 54, 55, 65(1), 68(4), 68(9), 69, 70, 73A, 118, 123, Pt 3, Pt 6 Div 1AA Environmental Planning and Assessment (Ku-ring-gai Council Planning Panel) Order 2007 LEGISLATION CITED: Environmental Planning and Assessment (Ku-ring-gai Planning Panel) Order 2008 Environmental Planning and Assessment (Ku-ring-gai Council Planning Panel) (Repeal) Order 2008 Environmental Planning and Assessment (Unsatisfactory Council Performance) Order 2007 Interpretation Act 1987 (NSW), ss 5(2), 48(1)