De Angelis v Pepping [2015] NSWCA 236

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: De Angelis v Pepping [2015] NSWCA 236 Hearing dates: 20 July 2015 Decision date: 20 August 2015 Before: Macfarlan JA at [1]: Gleeson JA at [8]; Sackville AJA at [9] Decision: 1. Appeal allowed. 2. Set aside the orders made by Adamson AJ on 25 July 2014. 3. In lieu thereof make the following order: Declare that the Wingecarribee Local Environmental Plan 2010 (Amendment No 13) is invalid and of no effect. 4. The second respondent (the Council) pay fifty per cent of the costs of the appellant of the proceedings in the Land & Environment Court. 5. The Council pay fifty per cent of the costs of the appellant of the appeal. Catchwords: ENVIRONMENT AND PLANNING – validity of amendments to Local Environmental Plan (LEP) – gateway determination issued by delegate of Minister – whether community consultation requirements under the Environmental Planning and Assessment Act 1979 (NSW) have been complied with – whether failure to comply with requirements leads to invalidity of amending LEP – whether appellant had notice of the planning proposal - whether council officer had power to make LEP as agent of the council - whether appellant denied procedural fairness Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 4, 5, 24, 34, 35, 53, 54, 55, 56, 57, 58, 59, 74BA, 74C, 123; Pt 3 Environmental Planning and Assessment Amendment Act 2008 (NSW) Environmental Planning and Assessment Amendment Act 2014 (NSW) Land and Environment Court Act 1979 (NSW), ss 20, 24, 58(1) Local Government Act 1993 (NSW), ss 3, 355, 377, 378, 381 Statute Law (Miscellaneous Provisions) Act 2015 (NSW).