Monaro Acclimatisation Society & Anor v The Minister for Planning & Anor [1989] NSWLEC 164

Monaro Acclimatisation Society & Anor v The Minister for Planning & Anor [1989] NSWLEC 164

Snowy River Local Environmental Plan No. 35 was invalid because the mandatory requirements of s.66 were not met: the public notices did not refer to the environmental study or its availability for inspection, and the plan and study were not publicly exhibited when they were kept under the counter without public display or signage. Those failures, separately and cumulatively, meant the statutory conditions for making the plan were not satisfied.

Jurisdiction
Australia
Judgment Date
02 March 1989
Procedural Posture
Application Challenging Validity of Local Environmental Plan / Judgment; Declaration Made and Costs Reserved
Outcome
Snowy River Local Environmental Plan No. 35 declared invalid; costs reserved.
Legal Topics
['validity of Local Environmental Plan' 'local Environmental Study' 'public Notice' 'public Exhibition' 'mandatory Statutory Requirements']
['environmental Planning Law' 'administrative Law'] ['validity of Local Environmental Plan' 'local Environmental Study' 'public Notice' 'public Exhibition' 'mandatory Statutory Requirements']

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Procedural Posture

Application Challenging Validity of Local Environmental Plan / Judgment; Declaration Made and Costs Reserved

Legal Issues

  1. 1 ['Whether the local environmental study required by s.57 was prepared by or on behalf of the Council rather than on behalf of the second respondent developer.' 'Whether the newspaper notices complied with s.66(1)(a) despite failing to refer to the local environmental study being available for inspection with the draft local environmental plan.' 'Whether the documents were publicly exhibited as required by s.66(1)(b).' 'Whether failures concerning exhibited documentation, s.117 directions, the statement required by s.66(1)(b)(iii), and consultation under s.62 affected validity.']

Ratio Decidendi

Snowy River Local Environmental Plan No. 35 was invalid because the mandatory requirements of s.66 were not met: the public notices did not refer to the environmental study or its availability for inspection, and the plan and study were not publicly exhibited when they were kept under the counter without public display or signage. Those failures, separately and cumulatively, meant the statutory conditions for making the plan were not satisfied.

Court Disposition

Snowy River Local Environmental Plan No. 35 declared invalid; costs reserved.

Orders

  • ['Declaration that Snowy River Local Environmental Plan No. 35 is invalid.' 'Costs reserved.']