Hawkesbury City Council v NSW Minister for Infrastructure & Planning & Anor [2004] NSWLEC 188

Hawkesbury City Council v NSW Minister for Infrastructure & Planning & Anor [2004] NSWLEC 188

The final LEP Amendment made by the Minister materially differed from the plan exhibited by the Council under s 66 and from the plan on which the Council reported under s 68; those differences meant that the plan was not, in all important respects, the product of the Pt 3 Div 3 process under the Environmental Planning Assessment Act 1979, and there was no evidence of any Ministerial amendment under s 70. The whole plan was therefore void and of no effect.

Jurisdiction
Australia
Judgment Date
11 March 2004
Procedural Posture
Class 4 Judicial Review Proceedings / Judgment on Application for Declarations
Outcome
Application allowed; declarations made that Hawkesbury Local Environmental Plan 1989 (Amendment No 126) is void and of no effect, and costs awarded to the Applicant.
Legal Topics
['validity of Local Environmental Plan' 'public Exhibition of Draft Environmental Planning Instruments' 'council Reporting Obligations' 'ministerial Power to Make or Amend a Local Environmental Plan' 'costs']
['environmental Planning Law' 'administrative Law' 'judicial Review'] ['validity of Local Environmental Plan' 'public Exhibition of Draft Environmental Planning Instruments' 'council Reporting Obligations' 'ministerial Power to Make or Amend a Local Environmental Plan' 'costs']

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Procedural Posture

Class 4 Judicial Review Proceedings / Judgment on Application for Declarations

Legal Issues

  1. 1 ['Whether Hawkesbury Local Environmental Plan 1989 (Amendment No 126) made by the Minister was the plan exhibited by the Council under s 66 of the Environmental Planning Assessment Act 1979.' 'Whether Hawkesbury Local Environmental Plan 1989 (Amendment No 126) was the plan in relation to which the Council reported to the Director General under s 68 of the Environmental Planning Assessment Act 1979.' 'Whether material changes made after submission to the Director General rendered the whole plan invalid.' 'Whether the Applicant should receive its costs of the proceedings.']

Ratio Decidendi

The final LEP Amendment made by the Minister materially differed from the plan exhibited by the Council under s 66 and from the plan on which the Council reported under s 68; those differences meant that the plan was not, in all important respects, the product of the Pt 3 Div 3 process under the Environmental Planning Assessment Act 1979, and there was no evidence of any Ministerial amendment under s 70. The whole plan was therefore void and of no effect.

Court Disposition

Application allowed; declarations made that Hawkesbury Local Environmental Plan 1989 (Amendment No 126) is void and of no effect, and costs awarded to the Applicant.

Orders

  • ['A declaration that Hawkesbury Local Environmental Plan 1989 (Amendment No 126), as published in the NSW Government Gazette No 179 of 14 November 2003 is void and of no effect.' 'A declaration that draft amendment 126 to the Hawkesbury Local Environmental Plan 1989, as submitted to the Director-General of the...