Ku-ring-gai Council v Sydney West Joint Regional Planning Panel (No 2) [2010] NSWLEC 270

Land and Environment Court of New South Wales

CITATION : Ku-ring-gai Council v Sydney West Joint Regional Planning Panel (No 2) [2010] NSWLEC 270 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT: Ku-ring-gai Council

PARTIES : FIRST RESPONDENT: Sydney West Joint Regional Planning Panel

SECOND RESPONDENT: Hyecorp Property Fund No. 6 Pty Ltd

FILE NUMBER(S) : 40689 of 2010

CORAM: Biscoe J

KEY ISSUES: JUDICIAL REVIEW :- whether regional planning panel had no power to determine development application because it was a pre-condition to carrying out permanent work that the council or panel form an opinion prescribed by an environmental planning instrument and pre-condition was not satisfied - whether regional panel had no power to determine development application because assessment of SEPP 1 objection by council or panel was a pre-condition which was not satisfied - whether there was a denial of natural justice arising from late submission of SEPP 1 objection - whether council has standing to bring the proceedings

Environmental Planning and Assessment Act 1979, ss 21(1)(b), 23G, 79C 80, 97, 123 Environmental Planning and Assessment Regulation 2000, cl 123D, 123E Joint Regional Planning Panels Order 2009, cl 3(b) Ku-ring-gai Local Environmental Plan (Town Centres) 2010 Ku-ring-gai Planning Scheme Ordinance, cll 6, 13, 25B, 25I LEGISLATION CITED: Land and Environment Court Act 1979, ss 17(d), 39 Local Government Act 1919 Miscellaneous Acts (Planning) Repeal and Amendment Act 1979 Roads Act 1993 State Environmental Planning Policy (Major Development) 2005, cl 13F State Environmental Planning Policy No 1 – Development Standards