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[2003] NSWLEC 205
Land and Environment Court (NSW)
2003-09-08
Cowdroy J, Ms J
Original judgment source is linked above.
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Lane Cove Council
Minister for Urban Affairs and Planning
CITATION : Lane Cove Council v Minister for Urban Affairs and Planning [2003] NSWLEC 205 APPLICANT Lane Cove Council PARTIES : RESPONDENT Minister for Urban Affairs and Planning FILE NUMBER(S) : 40133 of 2003 CORAM: Cowdroy J KEY ISSUES: Planning Instruments :- amendment to State environmental planning policy - publication of draft amendment - amendments made to draft by Minister following publication and consultation with other Ministers - gazettal of amended policy without further publication - extent of discrepancy between draft policy and final policy - whether Minister acting within power. Environment Planning and Assessment Act 1979, Pt 3 Div 2, Pt 3 Div 3, Pt 3 Div 4, s 4(8), s 34(3), s 36(4), s 37, s 38, s 39, s 47, s 66, s 74 Interpretation Act 1987, s 48 Lane Cove Local Environmental Plan 1997 LEGISLATION CITED: State Environmental Planning Policy No. 53 - Metropolitan Residential Development State Environmental Planning Policy No. 53 - Metropolitan Residential Development (Amendment No 5) State Environmental Planning Policy No. 53 - Metropolitan Residential Development (Amendment No. 6) State Environmental Planning Policy No. 65 - Design Quality of Residential Flat Development Darling Casino Ltd v Minister for Planning and Sydney Harbour Casino Pty Ltd (1995) 86 LGERA 186; Ervin Mahrer and Partners v Strathfield Council (No 2) (2001) 115 LGERA 259; John Brown Lenton and Co Pty Ltd v Minister for Urban Planning and Ors (1999) 106 LGERA 150; Leichhardt Municipal Council v Minister for Planning and Director of Planning (1992) 78 LGERA 306; CASES CITED: Leichhardt Municipal Council v Minister for Planning [No. 2] (1995) 87 LGERA 78; Minister for Urban Affairs and Planning v Rosemount Estates Pty Ltd and Others (1996) 91 LGERA 31; Mison and Others v Randwick Municipal Council and Others (1991) 23 NSWLR 734; Provincial Insurance Australia Pty Ltd v Consolidated Wood Products Pty Ltd and Others (1991) 25 NSWLR 541; R v Connell: ex parte The Hetton Bellbird Collieries Ltd (1944) 69 CLR 407; Save the Showground for Sydney Inc v The Minister for Urban Affairs and Planning (1997) 95 LGERA 33 08/09/2003 09/09/2003 DATES OF HEARING: 19/09/2003 01/10/2003 07/10/2003 DATE OF JUDGMENT: 11/27/2003
(1995) 86 LGERA 186
(2001) 115 LGERA 259
(1999) 106 LGERA 150
(1992) 78 LGERA 306
(1995) 87 LGERA 78
(1996) 91 LGERA 31
(1991) 23 NSWLR 734
(1991) 25 NSWLR 541
(1944) 69 CLR 407
(1997) 95 LGERA 33