Housing Land Supply (Burnie) Order 2022 (TAS)

The Housing Land Supply (Burnie) Order 2022 is a declaration made under section 4 of the Housing Land Supply Act 2018 by the Minister for Planning. The dispute involves the declaration of a specific area of land in Burnie, Tasmania, as housing supply land and the intended zoning of this land within the General Residential Zone as per the applicable planning scheme. The Minister made the declaration based on the need to supply housing land in the area and to comply with the provisions of the Act.

The court had to determine whether the Minister's decision to declare the specified land as housing supply land and to zone it within the General Residential Zone was in accordance with the Act. The court also had to consider whether the Minister had followed the correct procedure in making the declaration and whether there were any errors in the legal or factual basis of the decision.

The court found that the Minister's decision was in accordance with the provisions of the Housing Land Supply Act 2018 and that the correct procedure had been followed. The court also found that there were no errors in the legal or factual basis of the decision, and that the Minister had provided sufficient evidence to support the declaration of the land as housing supply land and the intended zoning. The court upheld the Minister's decision and dismissed any challenges to the validity of the order.

The court made an order declaring the area of land specified in Schedule 1 to the Housing Land Supply (Burnie) Order 2022 to be housing supply land and the intended zone in relation to the applicable area to be the General Residential Zone referred to in the applicable planning scheme. The order took effect on the day on which its making was notified in the Gazette.