Tweed Business and Residents Focus Group Inc v Northern Region Joint Regional Planning Panel [2012] NSWLEC 166

Land and Environment Court New South Wales

Medium Neutral Citation: Tweed Business and Residents Focus Group Inc v Northern Region Joint Regional Planning Panel [2012] NSWLEC 166 Hearing dates: 19 July 2012 Decision date: 26 July 2012 Jurisdiction: Class 4 Before: Biscoe J Decision: (1) Declaration that development consent to development application DA 11/0257 for demolition of the existing police station and the adjoining two residences and construction of a new two-storey police station and basement carparking on land described as Lot 701 DP 1002309 is invalid; (2) Order restraining the third and fourth respondents, their servants and agents from acting on the said development consent; (3) Costs reserved. Parties are within two working days to approach the Registry to have the matter listed as soon as possible to determine the issue of costs and are to file and serve written submissions on costs by two working days before the costs hearing. Catchwords: JUDICIAL REVIEW - challenge to validity of development consent on ground that, in breach of s 79A(2) Environmental Planning and Assessment Act 1979, two requirements of development control plan as to contents of notification letters to adjoining and affected owners not complied with - legal principles international and domestic concerning public participation and notification - whether compliance with notification requirements - jurisdictional fact or conditions precedent to exercise of power to determine development application - if development consent otherwise invalid whether order should instead be made under s 25B Land and Environment Court Act 1979. Legislation Cited: Environmental Planning and Assessment Act 1979 ss 5, 23G, 79, 79A, 123 Land and Environment Court Act 1979 ss 25A - 25E Land and Environment Court Rules 2007 r 4.2 Tweed Shire Development Control Plan 2008 cll A11.1.5, A11.2.1, A11.2.2 Cases Cited: Abebe v Commonwealth of Australia [1999] HCA 14, 197 CLR 510 Area Concrete Pumping Pty Ltd v Inspector Barry Childs (WorkCover) [2012] NSWCA 208 Bennett v Hurstville City Council [2012] NSWLEC 108 Chase Oyster Bar Pty Ltd v Hamo Industries Pty Ltd [2010] NSWCA 190, 78 NSWLR 393 Corporation of the City of Enfield v Development Assessment Commission [2000] HCA 5, 199 CLR 135 Craig v State of South Australia [1995] HCA 58, 184 CLR 163 Csillag v Woollahra Council [2011] NSWLEC 17, 181 LGERA 141 Doueihi v Canterbury City Council [2003] NSWLEC 267 Gedeon v Commissioner of the NSW Crime Commission [2008] HCA 43, 236 CLR 120 Hoxton Park Residents Action Group Inc v Liverpool City Council [2011] NSWCA 349, 184 LGERA 104 Hoxton Park Residents Action Group Inc v Liverpool City Council (No 3) [2012] NSWLEC 43 Johnson v Lake Macquarie City Council [1996] NSWLEC 196, 91 LGERA 331 Kirk v Industrial Court of New South Wales [2010] HCA 1, 239 CLR 531 Lesnewski v Mosman Municipal Council [2005] NSWCA 99, 138 LGERA 207 Litevale Pty Ltd v Lismore City Council (1997) 96 LGERA 91 Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30, 206 CLR 323 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28, 194 CLR 355 Scurr v Brisbane City Council [1973] HCA 39, 133 CLR 242 Simpson v Wakool Shire Council [2012] NSWLEC 163 Timbarra Protection Coalition Inc v Ross Mining NL [1999] NSWCA 8, 46 NSWLR 55 Texts Cited: Rio Declaration on Environment and Development (1992) Principle 10 Rio+20 Declaration on Justice, Governance and Law for Environmental Sustainability (2012) Category: Principal judgment Parties: Tweed Business and Residents Focus Group Inc (Applicant) Northern Region Joint Regional Planning Panel (First Respondent) Tweed Shire Council (Second Respondent) UGL Services Pty Ltd (Third Respondent) The State of New South Wales (Fourth Respondent) Representation: COUNSEL: Mr M Seymour with Mr B Dean (Applicant) Submitting appearance (First Respondent) Submitting appearance (Second Respondent) Mr I Hemmings (Third and Fourth Respondents) SOLICITORS: National Seniors Lawyers Pty Ltd (Applicant) Department of Planning and Infrastructure (First Respondent) HWL Ebsworth (Second Respondent) Henry Davis York (Third and Fourth Respondents) File Number(s): 40102/12