Friends of Turramurra Inc v Minister for Planning - EDO NSW

Friends of Turramurra Inc v Minister for Planning

July 2011

EDO NSW acted for the Friends of Turramurra Inc who commenced proceedings in the Land and Environment Court to challenge the decision of the Minister for Planning to gazette the Ku-ring-gai Local Environmental Plan (Town Centres) 2010 (“LEP”). The grounds of the challenge were that due process was not followed, the public exhibition process was misleading, the impact of the LEP on bushland and the environment was not properly considered, and the Planning Minister and Planning Panel made too many changes after the LEP was exhibited. Friends of Turramurra also argued that, when preparing the LEP, the Planning Panel failed to consider cl. 10 of State Environmental Planning Policy No 19 - Bushland in Urban Areas (SEPP 19).

Judgement was handed down on 28 July 2011. Although the Court did not find favourably with respect to all of the grounds, Justice Craig found that the LEP had been made contrary to the provisions of the Environmental Planning and Assessment Act 1979 (NSW)and was therefore of no legal force or effect. In particular his Honour agreed that the changes made to the LEP after public exhibition had significant impacts and the LEP should have been re-exhibited.

EDO NSW would like to thank Mr P Larkin and Mr R White for acting as counsel in this matter.

Judgment - Order on costs