Smith v Wyong Shire Council and Anor. [2002] NSWLEC 173

Smith v Wyong Shire Council and Anor. [2002] NSWLEC 173

The alleged procedural breaches in the public exhibition process (failure to exhibit certain State policies and directions) and the Director-General's s69 Report did not amount to breaches that invalidated the Amending LEP because those policies and directions were not found to 'substantially govern' the plan or were not applicable as contended, and thus there was no statutory noncompliance that justified setting aside the plan. Moreover, even if breaches were assumed, they were ancillary and did not affect the validity of the LEP under settled authority.

Jurisdiction
Australia
Judgment Date
25 October 2002
Procedural Posture
Judicial Review / Final Judgment at First Instance
Outcome
Application dismissed with costs
Legal Topics
['judicial Review of Planning Instruments' 'interpretation of Statutory Procedures' 'environmental Planning and Assessment Act Compliance' 'validity of Local Environmental Plans']
['planning and Environment Law' 'administrative Law'] ['judicial Review of Planning Instruments' 'interpretation of Statutory Procedures' 'environmental Planning and Assessment Act Compliance' 'validity of Local Environmental Plans']

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

Judicial Review / Final Judgment at First Instance

Legal Issues

  1. 1 ['Whether Wyong Local Environmental Plan 1991 (Amendment No 118) is invalid for breach of statutory procedures under the Environmental Planning and Assessment Act 1979, specifically ss 66, 68, 69, and 70.' "Whether alleged factual error in the Director-General's s69 Report to the Minister, or failures in public exhibition requirements, invalidate the Amending LEP."]

Ratio Decidendi

The alleged procedural breaches in the public exhibition process (failure to exhibit certain State policies and directions) and the Director-General's s69 Report did not amount to breaches that invalidated the Amending LEP because those policies and directions were not found to 'substantially govern' the plan or were not applicable as contended, and thus there was no statutory noncompliance that justified setting aside the plan. Moreover, even if breaches were assumed, they were ancillary and did not affect the validity of the LEP under settled authority.

Court Disposition

Application dismissed with costs

Orders

  • ['The application is dismissed with costs.' 'The exhibits may be returned.']