Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128

Land and Environment Court New South Wales

Medium Neutral Citation: Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 Hearing dates: 29 - 30 November 2010, 1 - 2 December 2010, 7 December 2010 Decision date: 28 July 2011 Jurisdiction: Class 4 Before: Craig J Decision: 1. Declare that Ku-ring-gai Local Environmental Plan (Town Centres) 2010 published on the NSW legislation website on 25 May 2010 has been made contrary to the provisions of Division 4 of Part 3 of the Environmental Planning and Assessment Act 1979 and is thereby of no legal force or effect. 2. Costs reserved. 3. Any application for costs is to be made by notice of motion filed within 7 days of today's date. 4. Exhibits may be returned. Catchwords: ADMINISTRATIVE LAW - judicial review - challenge to the validity of Ku-ring-gai Local Environmental Plan (Town Centres) 2010 - delegation to planning Panel to issue certificate under s 65 of the Environmental Planning and Assessment Act 1979 ("EPA Act") - no certificate issued by Panel - no invalidity attending absence of certificate - exhibition of draft instrument under s 66 of the EPA Act - diverse locations to view documents in addition to the location of the "statutory exhibition" - misleading exhibition material - need to consider the "interested reader" of exhibition material - alteration by both the Panel and the Minister of the exhibited draft instrument following exhibition - draft planning instrument altered in important respects - aggregate affect of all alterations - not the product of the process for plan preparation required by Part 3, Division 4 of the EPA Act - consideration of cl 10 of State Environmental Planning Policy No 19 - Bushland in Urban Areas - substantive consideration of the requirements - validity of s 69 report prepared by Panel as delegate of the Director-General - impact of planning changes upon Council-owned land - Guidelines for Councils using delegated powers to prepare LEPs involving land owned or controlled by Council ("the Guidelines") - need for land to be classified as operational land before disclosure mandated by Guidelines - substantive alteration to draft instrument without re-exhibition of the altered draft - instrument of no legal force and effect Legislation Cited: Environmental Planning and Assessment Act 1979