BIG COUNTRY DEVELOPMENTS PTY LIMITED v PENRITH CITY COUNCIL [1998] NSWLEC 69 (28 April 1998) [1998] NSWLEC 31
The applicant failed to establish that the draft development control plan was invalid; clause 13 regulates development in a manner not subject to section 72, and the proportionality principle does not apply; the Council's purpose was valid and within power.
- Parties
- Applicant: Big Country Developments Pty Limited; Respondent: Penrith City Council
- Jurisdiction
- Australia
- Judgment Date
- 28 April 1998
- Procedural Posture
- Civil / Final Judgment
- Outcome
- application dismissed
- Legal Topics
- Development Control Plan, Environmental Planning, Statutory Interpretation, Local Government Powers
Case Brief
Summary, issues, holding and outcome
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Parties
Big Country Developments Pty Limited
Applicant
Penrith City Council
Respondent
Procedural Posture
Civil / Final Judgment
Legal Issues
- 1 Whether the Council's decision to prepare an amendment to Development Control Plan - South Penrith No 27 is invalid
- 2 Whether the development control plan is being made for an improper purpose
- 3 Whether development control plans made under Interim Development Order No 28 must conform with requirements under section 72 of the Environmental Planning and Assessment Act 1979
Ratio Decidendi
The applicant failed to establish that the draft development control plan was invalid; clause 13 regulates development in a manner not subject to section 72, and the proportionality principle does not apply; the Council's purpose was valid and within power.
Court Disposition
application dismissed
Orders
- Application dismissed
- Exhibits may be returned
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