Capital Airport Group Pty Ltd v Director-General of the Department of Planning [2010] NSWLEC 5

Capital Airport Group Pty Ltd v Director-General of the Department of Planning [2010] NSWLEC 5

The transitional provision defining 'pending LEP' must be construed as referring to Section 64, not Section 54, of the Environmental Planning and Assessment Act 1979. Therefore, the Director-General had no power to issue a certificate under the repealed provisions because the draft LEP was not received under s 64...

Source-derived case information.

Parties
Applicant: Capital Airport Group Pty Ltd ACN 080 711 191; First Respondent: Director-General of the Department of Planning; Second Respondent: Queanbeyan City Council; Third Respondent: Canberra Estates Consortium No 4 Pty Ltd
Jurisdiction
Australia
Judgment Date
13 January 2010
Procedural Posture
Judicial Review / Judgment
Outcome
Declarations granted; certificate declared invalid; costs awarded to applicant.
Legal Topics
Environmental Planning Instruments, Transitional Provisions, Statutory Interpretation, Legislative Intent, Decision Without Power, Planning Regime Amendments
Administrative Law Environmental Law Environmental Planning Instruments Transitional Provisions Statutory Interpretation Legislative Intent Decision Without Power Planning Regime Amendments

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 21 Party arguments 2
Sign in to unlock

Parties

Capital Airport Group Pty Ltd ACN 080 711 191

Applicant

Director-General of the Department of Planning

First Respondent

Queanbeyan City Council

Second Respondent

Canberra Estates Consortium No 4 Pty Ltd

Third Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Director-General had power to issue a s 65 certificate under repealed provisions
  2. 2 Interpretation of transitional provisions and 'pending LEP' definition
  3. 3 Legislative intent and construction of Section 54 versus Section 64

Ratio Decidendi

The transitional provision defining 'pending LEP' must be construed as referring to Section 64, not Section 54, of the Environmental Planning and Assessment Act 1979. Therefore, the Director-General had no power to issue a certificate under the repealed provisions because the draft LEP was not received under s 64 before 1 July 2009. The issued certificate was therefore invalid and made in excess of power.

Court Disposition

Declarations granted; certificate declared invalid; costs awarded to applicant.

Orders

  • Declaration that the decision to issue a s 65 certificate was made in excess of power.
  • Declaration that the certificate issued under s 65(1) is invalid.