Ryan v The Minister for Planning [2015] NSWLEC 88

Land and Environment Court New South Wales

Medium Neutral Citation: Ryan v The Minister for Planning [2015] NSWLEC 88 Hearing dates: 1 December 2014; written submissions 20 May 2015 Date of orders: 05 June 2015 Decision date: 05 June 2015 Jurisdiction: Class 4 Before: Sheahan J Decision: (1)I declare that Lismore Local Environmental Plan 2012 (Amendment No 3), published on the New South Wales legislation website on 21 February 2014, is invalid and of no effect. (2)I order the first respondent to pay the applicant's costs of these proceedings, as agreed or assessed. (3)All Exhibits and Court Books are returned. Catchwords: JUDICIAL REVIEW – challenge to making of a local environmental plan – whether the LEP as made is "significantly" different from the publicly exhibited proposal – invalidity – the LEP must remain "a product" of the LEP making process under the Environmental Planning and Assessment Act 1979 – the impugned LEP differed in material respects to the exhibited proposal and was therefore not a "product of the process" – LEP invalid Legislation Cited: Environmental Planning and Assessment Act 1979 Greater Metropolitan Regional Environmental Plan No 1 – Redevelopment of Urban Land Lismore Local Environmental Plan 2000 Lismore Local Environmental Plan 2012 Local Government Act 1993 Manly Local Environmental Plan 2013 Cases Cited: Bryan v Lane Cove Council [2007] NSWLEC 586; 158 LGERA 390 Chief Executive Officer of Customs v Tony Longo Pty Ltd (t/as Aquila Shoes) [2001] NSWCA 147; 52 NSWLR 458 DeAngelis v Pepping [2014] NSWLEC 108; 203 LGERA 61 El Cheikh v Hurstville City Council [2002] NSWCA 173; 121 LGERA 293 Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 John Brown Lenton & Co Pty Ltd v Minister for Urban Affairs and Planning [1999] NSWLEC 213; 106 LGERA 150 Leichhardt Council v Minister for Planning (No 2) (1995) 87 LGERA 78 Save Little Manly Beach Foreshore Incorporated v Manly Council (No 2) [2013] NSWLEC 156 Save Little Manly Beach Foreshore Incorporated v Manly Council (No 3) [2015] NSWLEC 77 Smith v Wyong Shire Council [2003] NSWCA 322; 132 LGERA 148 Soong v Deputy Commissioner of Taxation [2011] NSWCA 26; 80 NSWLR 226 Vanmeld Pty Ltd v Fairfield City Council [1999] NSWCA 6; 46 NSWLR 78 Category: Principal judgment Parties: Michael Ryan (Applicant) The Minister for Planning (First Respondent) Secretary of the Department of Planning (Third Respondent) Lismore City Council (Fourth Respondent – submitting) The Plateau Group (TPG) Pty Ltd (Sixth Respondent –submitting) Representation: Counsel: