Country
Australia
Sources
InforMEA
Tagging
Audits, Wetlands, Land Use, Permits, Standing, Inspections
Abstract
The applicant had challenged the validity of a local environmental plan which rezoned land owned by the Council in part "Industrial" and in part "Environmental Protection (Wetlands)". The purposes of the amendments were described in the plan as being "to enable the land to be used for industrial purposes and for environmental protection”. The applicant argued that the public exhibition of the draft LEP was invalid on the basis that the description of the purposes in the draft plan as being to rezone the land for "industrial purposes", was misleading because it made no reference to the fact that part of the purpose was to permit the land to be used for retailing bulky goods. The Land and Environment Court, rejected the argument by Homeworld and ruled that Council’s exhibition of the draft LEP complied with the requirements of the Environmental Planning & Assessment Act 1979 and that all material placed on public exhibition was clear, comprehensive and not misleading. The LEP amendment was subsequently upheld and Homeworld’s case was dismissed and Council was awarded its legal costs.