Blake v Lake Macquarie City Council & Anor [1989] NSWLEC 221

Blake v Lake Macquarie City Council & Anor [1989] NSWLEC 221

The development is permissible as a 'recreation area' within the 6(a) and 6(c) zones as defined by the LEP. The misdirection as to zoning by the City Planner was not material. The Council properly considered the relevant matters under s.90 of the Environmental Planning and Assessment Act and was not required to seek further expert advice. No ground for invalidity of the consent is made out.

Parties
Applicant: Blake; Respondent: Lake Macquarie City Council & Anor
Jurisdiction
Australia
Judgment Date
03 August 1989
Procedural Posture
Application for Declaration of Invalidity of Development Consent / Judgment at First Instance
Outcome
Application dismissed
Legal Topics
Development Consent, Zoning, Environmental Planning, Local Environmental Plans, Invalidity of Consent
Planning and Environment Law Local Government Law Development Consent Zoning Environmental Planning Local Environmental Plans Invalidity of Consent

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Parties

Blake

Applicant

Lake Macquarie City Council & Anor

Respondent

Procedural Posture

Application for Declaration of Invalidity of Development Consent / Judgment at First Instance

Legal Issues

  1. 1 Whether the development is a marina as defined by s.490A(1) of the Local Government Act
  2. 2 Whether the development is in a permissible zone under the Local Environmental Plan
  3. 3 Whether the development is a 'recreation area' or for permissible use under relevant zoning

Ratio Decidendi

The development is permissible as a 'recreation area' within the 6(a) and 6(c) zones as defined by the LEP. The misdirection as to zoning by the City Planner was not material. The Council properly considered the relevant matters under s.90 of the Environmental Planning and Assessment Act and was not required to seek further expert advice. No ground for invalidity of the consent is made out.

Court Disposition

Application dismissed

Orders

  • Applicant not entitled to the orders claimed and application dismissed
  • Exhibits may be returned