Moorebank Recyclers Pty Ltd v Tanlane Pty Ltd [2018] NSWCA 304

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Moorebank Recyclers Pty Ltd v Tanlane Pty Ltd [2018] NSWCA 304 Hearing dates: 22 August 2018 Date of orders: 14 December 2018 Decision date: 14 December 2018 Before: Basten JA at [1]; Payne JA at [49]; Emmett AJA at [155] Decision: (1) Allow the appeal from the judgment and orders in the Land and Environment Court dated 21 December 2017.

(2) Set aside orders (1) and (2) made in the Land and Environment Court on 21 December 2017.

(3) Declare that the planning proposal accepted by the Liverpool City Council on 31 August 2016 in relation to 146 Newbridge Road, Moorebank, was not a valid planning proposal for the purposes of s 55 of the Environmental Planning and Assessment Act 1979.

(4) Declare that the determination by the Greater Sydney Commission made on 9 March 2017 in relation to the planning proposal forwarded to it by Liverpool City Council was invalid, the planning proposal not being a valid planning proposal.

(5) Set aside the determination of the delegate of the Commission made on 9 March 2017.

(6) Dismiss the appellant's notice of motion filed on 10 July 2018.

(7) Order that Tanlane Pty Ltd pay the costs of Moorebank Recyclers Pty Ltd in the Land and Environment Court and in this Court. Catchwords: ENVIRONMENT AND PLANNING – Environmental planning instruments – Local environment plan –Liverpool Local Environmental Plan 2008 – Environmental Planning and Assessment Act 1979 (NSW), Pt 3 Div 4 – Planning proposal – State Environmental Planning Policy No 55, cl 6 – whether obligations in State Environmental Planning Policy No 55, cl 6 engaged when planning proposal considered by Local Council – whether obligations in State Environmental Planning Policy No 55, cl 6 engaged when delegate of the Greater Sydney Commission made gateway determination pursuant to Environmental Planning and Assessment Act 1979 (NSW), s 56 – whether Local Council failed to comply with obligations in State Environmental Planning Policy No 55, cl 6 – whether delegate of the Greater Sydney Commission failed to comply with obligations in State Environmental Planning Policy No 55, cl 6 – whether compliance with obligations in State Environmental Planning Policy No 55, cl 6 a mandatory pre-condition to valid exercise of power