Barnes v Dungog Shire Council [1999] NSWLEC 146

Barnes v Dungog Shire Council [1999] NSWLEC 146

The order issued by Dungog Shire Council on 5 January 1999 was invalid because the council failed to hear and consider the applicant's representations prior to determining the order, as required under s 121J and s 121K of the Environmental Planning and Assessment Act.

Parties
Applicant: Barnes; Respondent: Dungog Shire Council
Jurisdiction
Australia
Judgment Date
21 June 1999
Procedural Posture
Appeal (class 1 Proceedings) / Judgment on a Preliminary Question of Law
Outcome
Appeal upheld
Legal Topics
Procedural Fairness, Validity of Council Orders, Environmental Planning and Assessment Act
Administrative Law Planning Law Procedural Fairness Validity of Council Orders Environmental Planning and Assessment Act

Case Brief

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Parties

Barnes

Applicant

Dungog Shire Council

Respondent

Procedural Posture

Appeal (class 1 Proceedings) / Judgment on a Preliminary Question of Law

Legal Issues

  1. 1 Whether Dungog Shire Council's order issued on 5 January 1999 is invalid for failure to comply with statutory requirements
  2. 2 Whether council had power to make the specific orders contained in the notice, particularly Orders 2, 3, and 4
  3. 3 Whether Orders 2 and 4 are void for uncertainty

Ratio Decidendi

The order issued by Dungog Shire Council on 5 January 1999 was invalid because the council failed to hear and consider the applicant's representations prior to determining the order, as required under s 121J and s 121K of the Environmental Planning and Assessment Act.

Court Disposition

Appeal upheld

Orders

  • The council is ordered to treat the order dated 5 January 1999 as a nullity.