Cumerlong Holdings Pty Ltd v Dalcross Properties Pty Ltd [2009] NSWSC 717

Cumerlong Holdings Pty Ltd v Dalcross Properties Pty Ltd [2009] NSWSC 717

Governor's approval under s 28(3) of the Environmental Planning and Assessment Act 1979 is required for the zoning change in LEP 194, in conjunction with clause 68(2) of the KPSO, to suspend the restrictive covenant preventing hospital and related uses. The matter cannot be finally resolved until evidence as to whether the Governor's approval has been given is adduced.

Jurisdiction
Australia
Judgment Date
29 July 2009
Procedural Posture
Equity Proceeding / Judgment – Matter Stood Over for Further Evidence
Outcome
Matter stood over for 21 days for evidence as to whether the Governor's approval had been given under s 28(3) Environmental Planning and Assessment Act 1979.
Legal Topics
['restrictive Covenants' 'environmental Planning Instruments' "governor's Approval Under Ep&a Act" 'local Environmental Plans']
['planning Law' 'equity'] ['restrictive Covenants' 'environmental Planning Instruments' "governor's Approval Under Ep&a Act" 'local Environmental Plans']

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Procedural Posture

Equity Proceeding / Judgment – Matter Stood Over for Further Evidence

Legal Issues

  1. 1 ["Whether the Governor's approval under s 28(3) of the Environmental Planning and Assessment Act 1979 is required for the operation of clause 68(2) of the Ku-ring-gai Planning Scheme Ordinance (KPSO) as amended by Local Environmental Plan 194 to suspend a private restrictive covenant" 'Whether a private restrictive covenant is a regulatory instrument under s 28 of the EP&A Act' 'Whether ministerial responsibility under s 28(4) extends to private covenants']

Ratio Decidendi

Governor's approval under s 28(3) of the Environmental Planning and Assessment Act 1979 is required for the zoning change in LEP 194, in conjunction with clause 68(2) of the KPSO, to suspend the restrictive covenant preventing hospital and related uses. The matter cannot be finally resolved until evidence as to whether the Governor's approval has been given is adduced.

Court Disposition

Matter stood over for 21 days for evidence as to whether the Governor's approval had been given under s 28(3) Environmental Planning and Assessment Act 1979.

Orders

  • ["Matter stood over for 21 days for evidence of Governor's approval"]