Wirrabara Village Pty Limited v The Secretary of the Department of Planning and Environment [2018] NSWLEC 138

Land and Environment Court New South Wales

Medium Neutral Citation: Wirrabara Village Pty Limited v The Secretary of the Department of Planning and Environment [2018] NSWLEC 138 Hearing dates: 4 September 2018 Date of orders: 04 September 2018 Decision date: 04 September 2018 Jurisdiction: Class 4 Before: Pepper J Decision: See orders at [30]. Catchwords: JUDICIAL REVIEW: validity of the decision of a delegate to revoke a site compatibility certificate – failure to reach a necessary state of satisfaction – precondition to the exercise of power not met – jurisdictional error resulting in invalidity. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 1.48, 79C Environmental Planning and Assessment Amendment Act 2017 Environmental Planning and Assessment Regulation 2000, r 50(2A) State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 Cases Cited: Kirk v Industrial Relations Commission (NSW); Kirk Group Holdings Pty Ltd v WorkCover Authority of NSW (Inspector Childs) [2010] HCA 1; (2010) 239 CLR 531 Minister for Aboriginal Affairs v Peko Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 2 Wirrabara Village Pty Limited v The Hills Shire Council [2018] NSWLEC 1187 Wirrabara Village Pty Limited v The Hills Shire Council [2018] NSWLEC 6; (2018) 229 LGERA 20 Texts Cited: Category: Principal judgment Parties: Wirrabara Village Pty Limited (Applicant) The Secretary of the Department of Planning and Environment (Respondent) Representation: Counsel: Mr A Galasso SC with Ms Z Heger (Applicant) Ms K Richardson SC with Mr B Cameron (Respondent)