DeAngelis v Pepping

Land and Environment Court New South Wales Medium Neutral Citation: DeAngelis v Pepping [2014] NSWLEC 108 Hearing dates:14 to 15 July 2014Decision date: 25 July 2014 Jurisdiction:Class 4Before: Adamson AJ Decision: 1. Amended Summons dismissed.2. Subject to an application for a different order being made to my Associate within seven days, order the applicant to pay the second respondent's costs of the proceedings. Catchwords: ADMINISTRATIVE LAW - validity of Local Environmental Plan (LEP) - whether statutory community consultation requirements had been complied with - certain sections of the Council guidelines, which were referred to by the gateway determination, could not be treated as mandatory notice requirements due to the absence of the language of compulsion - Planning Proposal materials not misleading - unnecessary for Planning Proposal to address consequential changes to be made to Development Control Plan (DCP)- Environmental Planning and Assessment Act 1979 (NSW) provides for community consultation and implicitly excludes the common law rules of procedural fairness in terms of the right to be notified and heard - there was valid authority to make amendments to the Local Environmental Plan 2010 - first respondent was agent rather than delegate authorised by the council to sign instruments - breach of requirement for public exhibition of DCP under the Environmental Planning and Assessment Regulations 2000 (NSW) did not lead to invalidity of DCP as amendment of DCP amounted to no more than a regularisation of a change effected by an LEP - in any event discretion to award relief would...