_id
stringlengths 38
41
| version_id
stringlengths 36
36
| type
stringclasses 1
value | jurisdiction
stringclasses 1
value | source
stringclasses 1
value | mime
stringclasses 2
values | date
stringlengths 19
19
| citation
stringlengths 21
1.02k
| url
stringlengths 61
64
| when_scraped
stringlengths 32
32
| text
stringlengths 1
1.02k
| chunk_index
int64 0
3.72k
|
|---|---|---|---|---|---|---|---|---|---|---|---|
nsw_caselaw:54a6351a3004de94513d8af1:94 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | 94The applicant asserted failure to comply with subparagraphs (ii) and (iii) of paragraph of s 66(1) on three bases. First, it asserted that there was no statement indicating that nominated s 117 directions; SEPPs and REPs substantially governed the provisions of the draft Centres LEP. Second, it is said that neither relevant SEPPs nor REPs were publicly exhibited at any venue identified in the published advertisement or letters sent to residents relevant to the exhibition of the draft instrument. Third, access to a copy of these documents was not provided "at the place" of exhibition.
95In the course of submissions on behalf of the Minister, the first of these grounds of challenge was withdrawn by the applicant. That is, it was accepted that the statement which I have quoted from the document behind Tab 1 of the Statutory Exhibition Bundle, coupled with the lists behind Tabs 9 and 11, satisfied the requirements of s 66(1)(b)(iii) (Transcript p. 43:40). | 94 |
nsw_caselaw:54a6351a3004de94513d8af1:95 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | 96Other than the submission that the statement required by subparagraph (iii) was not included in the exhibition material, no specific reliance is placed by the applicant upon the identification of relevant directions under s 117 of the EPA Act. A list of such directions was in fact included behind Tab 9 of the Statutory Exhibition Bundle. As the ground of challenge relevant to the statement is no longer pressed, it is necessary to focus only upon the exhibition of SEPPs and REPs in order to consider the applicant's submissions. | 95 |
nsw_caselaw:54a6351a3004de94513d8af1:96 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | 97It is accepted by the Minister that none of the SEPPs or REPs listed in the Statutory Exhibition Bundle were included among the materials that were exhibited or available at any of the venues identified in either advertisements published on behalf of the Panel or in letters sent on its behalf to residents of Ku-ring-gai. It relies upon the words in parentheses contained in subparagraph (ii) of paragraph (b) of s 66(1). It will be noticed that the subparagraph provides for a copy of a planning instrument substantially governing the content and operation of the exhibited draft to be publicly exhibited "or provide for access to such a copy".
98The form which subparagraph (ii) and (iii) of s 66(1)(b) took in November 2008 was as a consequence of amendment made by the Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005. The amendment effected by the latter Act took effect from 30 September 2005. Prior to that date s 66(1)(b) relevantly provided as follows: | 96 |
nsw_caselaw:54a6351a3004de94513d8af1:97 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | "(b) publicly exhibit at the place, on the dates and during the times set out in the notice:
(i) a copy of that ... draft local environmental plan,
(ii) a copy of any State environmental planning policy, regional environmental plan, or relevant direction under section 117, applying to the land to which the draft local environmental plan is intended to apply, and
(iii) if such a policy, plan or direction does so apply - a statement to the effect that the policy, plan or direction referred to in subparagraph (ii) substantially governs the content and operation of the draft local environmental plan and that any submission made pursuant to section 67 should be made having regard thereto ...". | 97 |
nsw_caselaw:54a6351a3004de94513d8af1:98 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | Although the Minister's Second Reading Speech on the Bill that became the amending Act does not address the amendments to s 66(1), it is accepted by the applicant that the amendment effected was intended to address the decision of the Court of Appeal in Smith v Wyong. The Court there held that the relevant direction under s 117 was itself required to be exhibited in accordance with provisions of s 66(1)(b) as they then stood. | 98 |
nsw_caselaw:54a6351a3004de94513d8af1:99 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | 99Both the statutory language, as it stood in November 2008 and the history to its amendment make clear that neither the SEPPs nor REPs identified in the Statutory Exhibition Bundle were required, in themselves, to be part of the exhibited material. Having identified those particular planning instruments that substantially governed the content and operation of the draft Centres LEP, the purpose of the legislative provision, so it seems to me, was to inform the reader of exhibited material how access to a copy of those planning instruments could be obtained. The note attached to the documents behind Tabs 9 and 11 of the Statutory Exhibition Bundle supplied to the reader the means by which access could be arranged. Such an approach is, I believe, consonant with the meaning of the phrase "provide for" (Macquarie Dictionary, meaning a ). | 99 |
nsw_caselaw:54a6351a3004de94513d8af1:100 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | 100In addressing the meaning to be given to the provision under consideration, there are two further matters that I take into account. First, both SEPPs and REPs are statutory instruments: s 3, Interpretation Act 1987. It is and was as at November 2008 publicly available "legislation", published on the NSW legislation website, Pt 6A Interpretation Act . Second, the reader of the exhibited material should be seen as an "interested reader" ( Homeworld Ballina v Ballina Shire Council at [25]) per Basten JA. As such, it can be expected that the attention of such reader will come to the note endorsed on the documents appearing behind Tabs 9 and 11 of the Statutory Exhibition Bundle and, if interest is maintained, pursue the references there made. | 100 |
nsw_caselaw:54a6351a3004de94513d8af1:101 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | 101The evidence reveals that there were computer terminals located within the Council's chambers that could be utilised to gain access to the website of the Department of Planning. In particular, Mr Fabbro states that in the customer service area located on level 4 of the Council's chambers there are six computer terminals within an area described as the Customer Service Area. Terminals in that location are able to be used by Council staff at the request of members of the public in order to display information that is sought. | 101 |
nsw_caselaw:54a6351a3004de94513d8af1:102 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | 102Mr Fabbro points to the fact that a staff member was present at all times during the period of exhibition of the draft local environmental plan, the sole function of that staff member being to respond to any questions or requests made by members of the public inspecting the exhibition material. If access to any information available by computer was sought by a member of the public then the staff member present at the exhibition was able to refer the enquirer to the Customer Service Section where the information sought would be retrieved by another member of the Council staff. If a hard copy of the document viewed on the computer terminal was sought by the enquirer then a printed version of the material was able to be provided.
103The applicant contends that the existence of this facility did not conform to the requirements of s 66(1)(b)(ii). In essence, it submits: | 102 |
nsw_caselaw:54a6351a3004de94513d8af1:103 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | (i) the "place" at which the exhibition was undertaken, in accordance with the notice given under s 66(1)(a) and published in the North Shore Times newspaper, was "Council Chambers, level 3" at the nominated address in Gordon and computer access to the SEPPs and REPs was not provided at that "place";
(ii) while nominating the Department's website as a source for viewing the relevant planning instruments, the statement attached to the lists of instruments behind tabs 9 and 11 of the statutory bundle failed to indicate that computer access to that website was available from level 3 or any other place within the Council's chambers;
(iii) a person reading the lists of relevant SEPPs and REPs together with the statement endorsed at the foot of those lists indicating the means by which the instruments may be viewed would reasonably understand that it was necessary to go elsewhere in order to view those instruments and not be able to obtain access to them at or proximate to the "place" of exhibition; and | 103 |
nsw_caselaw:54a6351a3004de94513d8af1:104 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | (iv) accepting that the Customer Service Area on level 4 is in a prominent position close to the pedestrian entrance to the Council's chambers, access to level 3 could be gained by a person whose sole purpose was to view the exhibition material without the necessity to pass through level 4, with the consequence that the facility of staff assisted access to a computer terminal would not be apparent to those bypassing that level. | 104 |
nsw_caselaw:54a6351a3004de94513d8af1:105 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | 104Notwithstanding these submissions, I do not consider that the provisions of s 66(1)(b)(ii) were breached. The 2005 amendment to paragraph (b)(ii), allowing the exhibited material to "provide for" access to a copy of the relevant planning instruments, not only has the consequence that a copy of the instrument itself need not be on exhibition but also imposes a lesser obligation than that which would arise if the requirement was to "provide access" to those documents. Having identified the operative planning instruments that substantially govern the content and operation of the draft instrument under consideration, paragraph (b)(ii) requires only that the means by which a copy of those operative planning instruments may be obtained be stated in the exhibited material at the "place", time and during the dates of exhibition required by the opening words of paragraph (b) of s 66(1). | 105 |
nsw_caselaw:54a6351a3004de94513d8af1:106 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | 105As is made clear by paragraphs (b)(ii) and (iii), the purpose of the provision is to direct the interested reader of the exhibition material to those other planning instruments that inform the content and operation of the exhibited draft instrument for the purpose of framing any submission that the reader may seek to make. Having identified the relevant operative instrument or instruments that inform the content and operation of the draft and also stating the means by which access to those instruments might be obtained, the purpose of the statutory provisions is fulfilled. | 106 |
nsw_caselaw:54a6351a3004de94513d8af1:107 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | 106If immediate access at the "place" was required, then the means by which that could be achieved was enquiry of the member of the Council's staff employed for the express purpose of facilitating an understanding of the exhibited material should that assistance be sought. While the employment of persons to assist in that way is not, in terms, the subject of any obligation created by s 66, the capacity to meet the requirement imposed by paragraph (b)(ii) by "providing for access" to a copy of those instruments, recognises, as one means of fulfilling the statutory requirement, the presence of personnel able to facilitate the provision of access to a copy. The member of Council's staff stationed on level 3 ("the place of exhibition") was able to fulfil that purpose. The fact that enquirers may have been referred by the staff member on level 3 to another staff member on level 4 of the Council's chambers so as to operate a computer terminal does not, to my mind, detract from that conclusion. | 107 |
nsw_caselaw:54a6351a3004de94513d8af1:108 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | 107For these reasons, I reject the submission that the exhibition failed to comply with the requirements of s 66(1)(b)(ii) and (iii). | 108 |
nsw_caselaw:54a6351a3004de94513d8af1:109 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | Form and manner of exhibition
108The applicant asserts that the public exhibition of the draft Centres LEP was not effected in accordance with s 66 of the EPA Act by reason of the failure to comply with the section as to the form and manner of exhibition mandated by the section. This submission is advanced on a number of bases.
109First, it is submitted that the Panel failed to determine the "form and manner" of giving public notice of the draft Centres LEP as it was required to do by s 66(1) of the EPA Act. It submits that the Panel's failure to observe the requirements of the subsection is manifest from the fact that -
(i) there is no evidence that the Panel resolved or otherwise determined "the form and manner" of public notice to be given as it was required to do by s 66(1)(a); and | 109 |
nsw_caselaw:54a6351a3004de94513d8af1:110 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | (ii) there is no evidence of any resolution or determination otherwise as to the "other matter" to be exhibited that was "appropriate or necessary to better enable the draft plan and its implications to be understood", as s 66(1)(d) required it to do.
110It is correct to observe that at its meeting on 5 November 2008, the Council did not, in terms, adopt a resolution determining the form and manner of giving public notice of the place at which and times during which the draft Centres LEP would be exhibited, making specific reference to the provisions of s 66(1)(a). However, it is necessary to consider whether by its actions the Panel can be taken to have made the requisite determination. | 110 |
nsw_caselaw:54a6351a3004de94513d8af1:111 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | 111From my earlier recitation of fact, it will be recalled that the preparation of the draft Centres LEP at the instigation of the Panel, relevantly commenced with the Panel's resolution of 26 March 2008 determining that a "revised" draft instrument be prepared "as outlined within the report" and be presented for consideration at a meeting of the Panel before the end of June 2008. The report to which the resolution referred is the March 2008 Report. The expressed purpose of that report was -
"to provide information to the Panel on the exhibition of the Ku-ring-gai Town Centres Local Environmental Plan."
112Included in the March 2008 Report there are several paragraphs directed to notification required by the EPA Act. Under the heading "Notification" the following appeared:
"Notification letters to all landowners (including residents and businesses) within the six gazetted Ku-ring-gai town centre areas advising of the public display and the proposed information sessions (non statutory requirement). | 111 |
nsw_caselaw:54a6351a3004de94513d8af1:112 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | Notification in the local press advising of the exhibitions with advertisements being placed prior to the exhibition period, during and prior to the end of the exhibition period (statutory requirement).
The advertisements would also include the times and dates of the information sessions (non statutory requirement).
Council website: All exhibition material to be displayed on Council's website at www.kmc.nsw.gov.au (non statutory requirement)". | 112 |
nsw_caselaw:54a6351a3004de94513d8af1:113 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | 113Further observations were contained in the Report under a heading "public display of exhibition material". It made reference to a "statutory" exhibition of material for a minimum of 28 days at the Council chambers and the further exhibition of materials, described as "non statutory" at libraries located at St Ives, Gordon, Lindfield and Turramurra. Reference was also made to the exhibition at the Council Chambers including "a staffed display to provide direct information from the Council's urban planning staff throughout the exhibition period. The prospect of obtaining a "three-D town centre model and providing copies of the draft instrument "and associated material" on a CD, free of charge was also addressed. | 113 |
nsw_caselaw:54a6351a3004de94513d8af1:114 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | 114While the draft Centres LEP ultimately exhibited was not in the form of the instrument discussed in the March 2008 Report, the Report itself is relevant to be noticed in the context of the present contention by the applicant. Not only did it alert the Panel to the manner in which the draft instrument could appropriately be exhibited, but also it is information that appeared to have been acknowledged by the Panel having regard to the terms of the minutes of its meeting of 26 March.
115I have earlier made reference to the October 2008 Report considered by the Panel at its meeting on 5 November 2008. Under the heading "Consultation", that Report also contained a proposal for the manner in which the draft Centres LEP and other material would be exhibited and information about it disseminated to the community. The following appears:
"The consultation program for exhibition period [sic] will consist of the following: | 114 |
nsw_caselaw:54a6351a3004de94513d8af1:115 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | * letters to all properties and households throughout Ku-ring-gai advising of the exhibition of the Draft LEP (35,000 letters);
* letters and DVD containing the key exhibition material sent to all property owners within the Panel boundaries and additional properties within the buffer areas adjoining the Panel boundaries (6,000 letters);
* a permanent staffed display at Council Chambers providing all exhibition materials and planning staff to answer questions from the public. This display will include the town centres key sites, architectural displays/masterplans and a 3D electronic model of the key centres;
* exhibition displays at Council Libraries - St Ives, Turramurra, Gordon and Lindfield;
* a series of advertisements in the local press - giving notice of the exhibition throughout November and December 2008;
* key exhibition materials on Council's website ... ; and | 115 |
nsw_caselaw:54a6351a3004de94513d8af1:116 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | * copies of the exhibition material on DVD will be available on request to assist persons making informed submissions on the draft plans."
116Under the heading "Summary and Conclusions" of the Report the following paragraph appears:
"The formal exhibition of the draft LEP will include extensive notification and a formal staffed display at Council throughout the exhibition period. There will be a comprehensive distribution of the key exhibition material to all households in the planning panel boundaries and within the adjoining precincts. Exhibition of the key materials will also be at the Libraries and on Council's website.
A series of key recommendations are put forward at the end of this report for the Ku-ring-gai Planning Panels consideration to enable formal exhibition of the draft plans, consistent with the statutory requirements of the planning legislation and the written authorisation of delegations provided by the NSW Department of Planning." | 116 |
nsw_caselaw:54a6351a3004de94513d8af1:117 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | 117That passage is followed by the recommendations to which I have earlier referred. As I have indicated, those recommendations were adopted verbatim from the report as the resolutions made by the Panel on 5 November 2008. I have earlier set out and do not repeat the terms of resolutions A, B and C. Suffice to note that resolution A referred to exhibition "in accordance with section 66" of the EPA Act while resolution B spoke of the exhibition period as being "a minimum period of 28 days." The minutes of the meeting of 5 November 2008 make reference to the documents circulated to Panel members, those documents including the October 2008 Report. | 117 |
nsw_caselaw:54a6351a3004de94513d8af1:118 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | 118Having regard to the terms of the reports addressing exhibition that the Panel had considered, particularly the October 2008 Report, the fact that those reports were before and considered by the members of the Panel at each meeting, coupled with the resolutions adopted at the meeting of 5 November 2008, I am satisfied that there was a determination by the Panel of the form and manner of exhibition as was required by s 66(1)(a). The location of the exhibition, the period during which the exhibition should take place and the content of some of that material, apart from the draft instrument itself (including attached maps) are included in the reports and resolutions to which I have referred as are references to background documents or reports that were placed on exhibition. The draft Centres LEP to be exhibited was attached to the Report. | 118 |
nsw_caselaw:54a6351a3004de94513d8af1:119 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | 119It is correct to observe, as the applicant does, that the Panel did not have before it a draft of the notice that was to appear in the North Shore Times newspaper, nor the form of letter that was to be sent to residents. Nonetheless, the various mechanisms to be utilised for the purpose of giving public notice were identified in the material which, for reasons indicated, I have taken to have been impliedly determined by the Panel. Those mechanisms reflect the "manner" in which notice was to be given. Furthermore, the "form" is reflected in the statements of substance of the contents within the various mechanisms to be utilised. The absence of the precise words to be used in each form of notification seems not to be the purpose of the provision. It is the substance of what is to be done and the means by which notification is to be achieved that, to my mind, is the purpose of the opening provisions of s 66(1)(a). | 119 |
nsw_caselaw:54a6351a3004de94513d8af1:120 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | 120The related contention of the applicant is that the content of public notification contravenes s 66 by reason of its inaccuracy. The "inaccuracy" claimed falls into two categories. First, it is submitted that the reference to the exhibition of material at the Council's chambers and the availability of material at various libraries wrongly created the impression that all were exhibition venues for the purpose of s 66(1)(b). Secondly, it is submitted that the reference to "key exhibition material" as being available at Council libraries, on the distributed DVD or on the Council's website was misleading because the material there made available did not, in fact, contain "key exhibition material". | 120 |
nsw_caselaw:54a6351a3004de94513d8af1:121 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | 121The principle that guides consideration of these issues is not in dispute. Section 66(1)(b) identifies the minimum requirements for exhibition of a draft local environmental plan. If, in giving public notice of a draft local environmental plan information beyond the date, time and place of exhibition, the published notice is inaccurate or misleading, then the exhibition pursuant to the subsection will miscarry ( El Cheikh v Hurstville Council [2002] NSWCA 173; (2002) 121 LGERA 293 at [12]; Gales Holdings Pty Ltd v Minister for Infrastructure and Planning [2006] NSWCA 388; (2006) 69 NSWLR 156 at [110]).
122A premise of the first of the applicant's submissions in this regard seems to be that by publishing the notice of the exhibition in the form that it did was tantamount to notifying a series of venues at which the exhibition required by s 66(1)(b) was being undertaken. It is necessary to consider whether that is a correct premise. In my opinion, it is not. | 121 |
nsw_caselaw:54a6351a3004de94513d8af1:122 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | 123I have earlier set out material from the North Shore Times advertisement, letters, DVD and website of the Council which notified exhibition of the draft Centres LEP. In all media forms used for the purpose of notification or advertisement, the distinction was drawn, by the words used, between the "statutory exhibition of material" at the Council's chambers and "key exhibition material" available at the places or by the other means nominated. Further, the material "exhibited", by whatever means, at places other than the Council's chambers contained what the Minister described as a "disclaimer" by which the reader's attention was drawn to the fact that the material there being viewed "is not the exhibition under Section 66 of the Environmental Planning and Assessment Act". The "disclaimer" drew attention to the fact that the "statutory exhibition" was taking place at the Council's chambers. | 122 |
nsw_caselaw:54a6351a3004de94513d8af1:123 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | 124The applicant submitted that the "reasonable reader with no knowledge of planning law" would not have appreciated the distinction being drawn in the notices between "the statutory exhibition" and the availability of relevant material described otherwise as "key exhibition material". The submission was founded upon the observation of Tobias JA in Gales Holdings where his Honour said (at [110]):
"The reasonable person the subject of the relevant test is a person with no knowledge of planning law and the relevant provisions of the LEP [citation omitted]". | 123 |
nsw_caselaw:54a6351a3004de94513d8af1:124 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | 125I do not believe that Tobias JA was there attributing to the reader of the material the assumed ignorance that the applicant seeks to invoke. Indeed, the qualified manner in which his Honour's statement must be understood was recognised by the Court of Appeal in Homeworld Ballina (at [22] - [25]). The reference by Tobias JA to the reader of a statutory advertisement having "no knowledge of planning law" must, in my opinion, be taken to mean an absence of knowledge of the jurisprudence that lawyers might have gained by reference to decided cases spelling out the meaning and operation of a statutory provision in a particular context or perhaps an absence of knowledge of the principles of statutory interpretation. | 124 |
nsw_caselaw:54a6351a3004de94513d8af1:125 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | 126As was observed by the Court of Appeal in Homeworld Ballina , the context in which a challenge of the present kind is being considered is a statutory context. It is one that expressly refers to the statutory provision pursuant to which the advertisement or notification, as the case may be, is being undertaken, namely s 66 of the EPA Act and is expressed in such a manner as to indicate that the draft local environmental plan, if made, will have the force of law. It can therefore reasonably be expected that the "interested reader" would appreciate that context and comprehend that if the draft Centres LEP and all its supporting material is to be considered then that is to occur at the Council's chambers. It requires no "knowledge of environmental law", in the sense earlier discussed, to read the published advertisement and other forms of notification in this matter. The words used draw the distinction between the draft instrument "and supporting material on exhibition at Council Chambers" on the one hand and | 125 |
nsw_caselaw:54a6351a3004de94513d8af1:126 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | "key exhibition materials" being available at other venues. This exercise involves only a capacity on the part of the reader to understand the "structure and content" of the advertisements and notices (cf Homeworld Ballina at [22]). | 126 |
nsw_caselaw:54a6351a3004de94513d8af1:127 | nsw_caselaw:54a6351a3004de94513d8af1 | decision | new_south_wales | nsw_caselaw | text/html | 2011-07-28 00:00:00 | Friends of Turramurra Inc v Minister for Planning [2011] NSWLEC 128 | https://www.caselaw.nsw.gov.au/decision/54a6351a3004de94513d8af1 | 2024-05-26T15:06:35.100027+10:00 | 127In summary, I am not persuaded that the advertisements or notifications were inaccurate or misleading by the terms used to identify the place at which, the dates on which and the times during which the draft Centres LEP and the material supporting it would be exhibited conformably with s 66(1)(a) of the EPA Act. An interested reader of the notice would not be misled as to the place at which all material required to be exhibited was available for inspection. | 127 |