Castle Constructions Pty Limited v Director-General of the Department of Planning & Anor [2007] NSWLEC 783

Castle Constructions Pty Limited v Director-General of the Department of Planning & Anor [2007] NSWLEC 783

Draft Amendment No 28 was an amending local environmental plan applying to the North Sydney CBD and was not a principal local environmental plan. The standard instrument made on 31 March 2006 prescribed the form and content of a principal local environmental plan only and was not an applicable standard instrument for draft Amendment No 28. Section 65(1A) was therefore not engaged and the certificates were not issued in breach of that section. In any event, if s 65(1A) had applied, the Director-General had properly formed the state of satisfaction required by cl 92 of Sch 6 that draft Amendment No 28 made a necessary amendment of a principal environmental planning instrument and that...

Jurisdiction
Australia
Judgment Date
28 November 2007
Procedural Posture
Class 4 Judicial Review Application / Final Judgment on Challenge to Validity of Certificates Issued Under S 65 of the Environmental Planning and Assessment Act 1979
Outcome
Application dismissed.
Legal Topics
['validity of S 65 Certificates' 'standard Environmental Planning Instruments' 'local Environmental Plans' 'transitional Provisions' 'statutory Construction' "director General's State of Satisfaction"]
['environmental Planning Law' 'administrative Law' 'judicial Review'] ['validity of S 65 Certificates' 'standard Environmental Planning Instruments' 'local Environmental Plans' 'transitional Provisions' 'statutory Construction' "director General's State of Satisfaction"]

Case Brief

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 4 Judicial Review Application / Final Judgment on Challenge to Validity of Certificates Issued Under S 65 of the Environmental Planning and Assessment Act 1979

Legal Issues

  1. 1 ['Whether the issue of certificates for draft Amendment No 28 engaged s 65(1A) of the Environmental Planning and Assessment Act 1979 because the draft local environmental plan had to be prepared in accordance with an applicable standard instrument under s 33A.' 'Whether, if s 65(1A) applied, the Director-General was satisfied that draft Amendment No 28 made a necessary amendment of a principal environmental planning instrument made before the prescription of the relevant standard instrument within cl 92 of Sch 6 to the Environmental Planning and Assessment Act 1979.' 'Whether the two s 65 certificates were invalid and of no effect.']

Ratio Decidendi

Draft Amendment No 28 was an amending local environmental plan applying to the North Sydney CBD and was not a principal local environmental plan. The standard instrument made on 31 March 2006 prescribed the form and content of a principal local environmental plan only and was not an applicable standard instrument for draft Amendment No 28. Section 65(1A) was therefore not engaged and the certificates were not issued in breach of that section. In any event, if s 65(1A) had applied, the Director-General had properly formed the state of satisfaction required by cl 92 of Sch 6 that draft Amendment No 28 made a necessary amendment of a principal environmental planning instrument and that...

Court Disposition

Application dismissed.

Orders

  • ['The Class 4 application is dismissed.' 'The exhibits are returned.' 'Costs may be argued.']