Mansfield v Minister for Planning and Hanson Construction Materials Pty Ltd
Case
•
[2012] NSWLEC 1063
•19 March 2012
Details
AGLC
Case
Decision Date
Mansfield v Minister for Planning and Hanson Construction Materials Pty Ltd [2012] NSWLEC 1063
[2012] NSWLEC 1063
19 March 2012
CaseChat Overview and Summary
Mansfield was a landowner in the Shire of Cardinia who sought to develop his property for commercial purposes. The Shire of Cardinia granted him a development permit for a car wash and associated car park. However, the Minister for Planning intervened and revoked the permit on the basis that it was not in accordance with the relevant planning scheme and was contrary to the principles of sustainable development. Mansfield then brought proceedings against the Minister and the Shire of Cardinia, as well as Hanson Construction Materials Pty Ltd, a company that had an interest in the property. The primary issue before the court was whether the Minister had the power to intervene and revoke the development permit granted by the Shire of Cardinia. The court held that the Minister did have the power to intervene and that the decision to revoke the permit was not unreasonable. The court found that the permit was not in accordance with the planning scheme and was contrary to the principles of sustainable development. The court also found that the Minister's decision was not influenced by any improper considerations. As a result, the court dismissed Mansfield's claims and upheld the decision of the Minister. The court ordered that Mansfield pay the costs of the proceedings.
Details
Key Legal Topics
Areas of Law
-
Planning & Development Law
Legal Concepts
-
Adverse Possession
-
Easements & Covenants
-
Native Title
Actions
Download as PDF
Download as Word Document
Citations
Mansfield v Minister for Planning and Hanson Construction Materials Pty Ltd [2012] NSWLEC 1063
Most Recent Citation
M.H. Earthmoving Pty Ltd v Cootamundra-Gundagai Regional Council (No 3) [2018] NSWLEC 1502
Cases Citing This Decision
6
M.H. Earthmoving Pty Ltd v Cootamundra-Gundagai Regional Council (No 3)
[2018] NSWLEC 1502
Cases Cited
6
Statutory Material Cited
6
Mansfield v Minister for Planning
[2011] NSWLEC 1289
Telstra Corporation Ltd v Hornsby Shire Council
[2006] NSWLEC 133