Taperell & Anor v Randwick City Council [2000] NSWLEC [2000] NSWLEC 103

Taperell & Anor v Randwick City Council [2000] NSWLEC [2000] NSWLEC 103

The adopted development control plan, despite differences in detail, was not wholly or substantially different from the exhibited draft and thus was validly made within the statutory process prescribed by the Environmental Planning & Assessment Act 1979 and its Regulation; the changes fell within permissible alterations.

Parties
Applicant: Christopher Henry Taperell; Applicant: Gwyneth Elaine Taperell; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
02 June 2000
Procedural Posture
Judicial Review / Determination of Referred Question of Law
Outcome
Development control plan Exhibit 3 is validly made.
Legal Topics
Development Control Plan Validity, Public Exhibition of Draft Plans, Environmental Planning & Assessment Act Procedure
Administrative Law Environmental Law Development Control Plan Validity Public Exhibition of Draft Plans Environmental Planning & Assessment Act Procedure

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Parties

Christopher Henry Taperell

Applicant

Gwyneth Elaine Taperell

Applicant

Randwick City Council

Respondent

Procedural Posture

Judicial Review / Determination of Referred Question of Law

Legal Issues

  1. 1 Whether the adopted development control plan is void and of no effect for failure to comply with statutory making procedures
  2. 2 Whether discrepancies between the exhibited draft and the final adopted plan rendered the latter not the product of the required process

Ratio Decidendi

The adopted development control plan, despite differences in detail, was not wholly or substantially different from the exhibited draft and thus was validly made within the statutory process prescribed by the Environmental Planning & Assessment Act 1979 and its Regulation; the changes fell within permissible alterations.

Court Disposition

Development control plan Exhibit 3 is validly made.

Orders

  • Proceedings remitted to the commissioner with opinion that the plan is valid.