Friends of Turramurra Inc v Minister for Planning

Friends of Turramurra Inc challenged the validity of the Ku-ring-gai Local Environmental Plan (Town Centres) 2010, claiming it contravened the Environmental Planning and Assessment Act 1979. The matter was heard in the Land and Environment Court of New South Wales, where the central dispute centred on the procedural fairness and compliance of the plan with statutory requirements.

The legal issues before the court were whether the plan was made in accordance with the prescribed legislative processes and if the public had an adequate opportunity to provide input during the plan's development. The plaintiff argued that the plan was invalid due to procedural deficiencies in its creation, asserting that critical stakeholder consultations were not properly conducted. The Minister for Planning defended the plan's validity, stating that all necessary procedures were followed, and it complied with the statutory requirements.

The court found that the plan was indeed made contrary to the Environmental Planning and Assessment Act 1979. It determined that the consultation process did not sufficiently engage the public and stakeholders as required by law, leading to a breach of procedural fairness. Consequently, the plan was declared of no legal force or effect. The court reserved costs, with any application for costs to be made within seven days of the judgment date. Exhibits were permitted to be returned.