Administrative law – Planning and Environment Act 1987 (Vic) ("PE Act") – Where Greater Shepparton City Council seeks to facilitate development of Shepparton North area – Where development requires amendment to Greater Shepparton Planning Scheme – Where IGA Retail Services Pty Ltd and Shepparton Pty Ltd ("IGA parties") have interests in land covered by proposed amendment – Where Council adopted proposed amendment – Where proposed amendment submitted to Minister for Planning for approval – Where amendment not yet approved by Minister – Where s 39(7) of PE Act provides that amendment to planning scheme approved by Minister not made invalid by any failure to comply with certain provisions of PE Act – Where s 39(8) of PE Act provides that person "cannot bring an action" in respect of relevant failures to comply in relation to planning scheme amendment which has not been approved – Whether s 39 of PE Act prevents IGA parties from seeking relief sought – Whether relevant failure to comply could amount to jurisdictional error.
Words and phrases – "amendment", "approval", "cannot bring an action", "certiorari", "construction", "decision anterior to approval", "development", "failure to comply", "implication", "invalid", "invalidity", "judicial review", "judicial review jurisdiction", "jurisdictional error", "land", "Minister for Planning", "originating motion", "panel", "planning amendment", "planning authority", "planning scheme", "privative clause", "relief", "reserved questions", "scheme", "seeking the relief sought", "statutory construction", "statutory scheme", "step anterior to approval", "substantially or materially affected", "supervisory jurisdiction".
Planning and Environment Act 1987 (Vic), Pt 3, Pt 8, s 39.