Hoxton Park Residents Action Group Inc v Liverpool City Council [2010] NSWLEC 242

Land and Environment Court of New South Wales

CITATION : Hoxton Park Residents Action Group Inc v Liverpool City Council [2010] NSWLEC 242 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT: Hoxton Park Residents Action Group Inc

FIRST RESPONDENT: Liverpool City Council PARTIES : SECOND RESPONDENT: Australian Federation of Islamic Councils Inc

THIRD RESPONDENT: Malek Fahd Islamic School Limited

FILE NUMBER(S) : 40178 of 2010

CORAM: Biscoe J

KEY ISSUES: JUDICIAL REVIEW :- validity of development consent for a school - environmental impact of proposed construction of bridge over creek running across boundary of subject land - condition of consent provided that occupation certificate not to be issued until connecting road including the bridge constructed - permits for bridge and road works required under other legislation - whether council's failure to consider likely environmental impacts of construction of bridge on endangered ecological community was contrary to s 79C(1)(b) Environmental Planning and Assessment Act 1979 - whether council's failure to consider cl 9(2) State Environmental Planning Policy No 19 - Bushland in Urban Areas relating to bushland to be cleared for bridge contravened s 79C(1)(a)(i) - whether proceedings time barred by s 101 - whether s 101 notice defective in form - whether proceedings not time barred because failure to take into account relevant mandatory considerations constituted jurisdictional error in the nature of a constructive failure to exercise jurisdiction - notice of constitutional issue given to Attorneys-General - adjournment of proceedings to hear respondent's application for order of conditional validity