Hynes Urban Planners Pty Ltd v Hawkesbury City Council [2003] NSWLEC 1

The correct test for designated development remains characterisation of the purpose of the development, and as the application is only for subdivision (not sewerage works), the development is not designated development under the Environmental Planning and Assessment Act 1979.

Jurisdiction: Australia
Judgment Date: 13 January 2003
Procedural Posture: Class 1 Proceedings / Judgment on Preliminary Points of Law
Outcome: The proposed development does not constitute designated development under the EP&A Act; preliminary legal question answered in favour of applicant.
Legal Topics: ['designated Development' 'development Application' 'statutory Interpretation' 'subdivision' 'environmental Impact Statements']

['planning and Environmental Law'] ['designated Development' 'development Application' 'statutory Interpretation' 'subdivision' 'environmental Impact Statements']

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Procedural Posture

Class 1 Proceedings / Judgment on Preliminary Points of Law

Legal Issues

1 ['Whether the proposed development constitutes designated development under the Environmental Planning and Assessment Act 1979' 'Test for designated development in light of changes to statutory scheme' 'Whether application is for subdivision or both subdivision and sewerage works']

Ratio Decidendi

Court Disposition

The proposed development does not constitute designated development under the EP&A Act; preliminary legal question answered in favour of applicant.

Orders

['The question of costs is reserved.' 'The exhibits may be returned.']