Jessop v WRA Willcocks Pty Ltd & Ors [1988] NSWLEC 156

Land and Environment Court of New South Wales

CITATION : Jessop v WRA Willcocks Pty Ltd & Ors [1988] NSWLEC 156 APPLICANT Jessop

FIRST RESPONDENT W.R.A. Willcocks Pty Ltd PARTIES : SECOND RESPONDENT Hastings Municipal Council

THIRD RESPONDENT Minister For Planning FILE NUMBER(S) : 40209 of 1988 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Hastings Local Environmental Plan 1987 CASES CITED: George v. Secretary Of State For The Environment (1979); Geoffrey Twibill v. Warringah Shire Council (1983) DATES OF HEARING: DATE OF JUDGMENT: 12/23/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

Bignold J.: On 19th September, 1988 the Applicant commenced class 4 proceedings seeking a declaration that "Hastings Local Environmental Plan 1987 (Amendment No. 4)" gazetted on 12th August, 1988 is invalid, null and void and of no effect. A copy of the impugned plan (which is hereafter referred to as "Amendment No. 4 Plan" is annexed hereto)

The Applicant also claimed interlocutory relief restraining the 2nd Respondent from processing or approving any development application pursuant to the aforesaid Plan.

The claim to interlocutory relief came before the Duty Judge late in October but was not determined. Instead the Duty Judge ordered that the substantive action be expedited and the hearing was specially fixed for 13th to 15th December, 1988.

In its amended points of claim the Applicant alleges four separate grounds (two involving procedural ultra vires and two involving substantive ultra vires) for invalidity of the aforesaid plan. The allegations of procedural ultra vires are -