Hawkesbury City Council v Sammut [2000] NSWLEC 270

Hawkesbury City Council v Sammut [2000] NSWLEC 270

Clause 9 of Amendment 4 was intended to operate retrospectively, as indicated by the phrase 'whether made before or after the commencement of this clause' and the stated objectives of the amendment, thereby excluding 'rural industry' from the definition of 'industry' in all relevant planning instruments at any time.

Jurisdiction
Australia
Judgment Date
25 September 2000
Procedural Posture
Judicial Determination of Point of Law / Determination of Preliminary Question
Outcome
Point of law determined in favour of the respondent; clause 9 operates retrospectively.
Legal Topics
['retrospective Effect of Planning Instruments' 'interpretation of Environmental Planning Policies']
['planning Law'] ['retrospective Effect of Planning Instruments' 'interpretation of Environmental Planning Policies']

Case Brief

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Procedural Posture

Judicial Determination of Point of Law / Determination of Preliminary Question

Legal Issues

  1. 1 ['Whether Amendment 4 to State Environmental Planning Policy Number 30 (clause 9) has retrospective effect']

Ratio Decidendi

Clause 9 of Amendment 4 was intended to operate retrospectively, as indicated by the phrase 'whether made before or after the commencement of this clause' and the stated objectives of the amendment, thereby excluding 'rural industry' from the definition of 'industry' in all relevant planning instruments at any time.

Court Disposition

Point of law determined in favour of the respondent; clause 9 operates retrospectively.

Orders

  • ["The point of law for determination is to be decided in favour of the respondent. Clause 9 was intended to have effect as if the term 'rural industry' was not included in the term 'industry' at any time in the Hawkesbury Local Environmental Plan." 'The matter be re-listed for mention before the duty judge at 9.30am...