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ARTICLE · 16 DECEMBER 2019

Broad scope of judicial review regarding a decision by a certifier to issue 3 CDCs

McCullough Robertson
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The Court found in favour of Council, determining that it was appropriate that all three CDCs be declared "invalid".

AustraliaReal Estate and Construction
Patrick Holland
Patrick Holland
Kate Swain
Kate Swain
Elizabeth Ryan
Elizabeth Ryan
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The Land and Environment Court (the Court) has recently confirmed the broad scope of judicial review available under section 4.31 of the Environmental Planning and Assessment Act 1979 (EP&A Act).

Taking into account the context which led to the enactment of section 4.31 of the EP&A Act on 1 March 2018, the Court has clarified that this provision enables the Court to directly review the matters which a principal certifying authority (certifier) must be satisfied of before issuing a Complying Development Certificate (CDC) as jurisdictional facts, in contrast to only being able to indirectly review a certifier's state of satisfaction as to those matters.

Validity of Complying Development Certificates subject to judicial review

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