Local government – Town planning - Proprietary rights - Suspension of proprietary rights by planning instrument - Ku-ring-gai Local Environment Plan No 194 ("LEP 194") amended Ku-ring-gai Planning Scheme Ordinance ("Ordinance") to effect rezoning of certain land - Purported effect of rezoning was to render unenforceable a restrictive covenant which burdened land owned by third respondent for benefit of land owned by appellant - Section 28 of Environmental Planning and Assessment Act 1979 (NSW) required that planning instrument which rendered unenforceable a restrictive covenant be approved by Governor acting on advice of Executive Council - Whether LEP 194 "provide[d] that" restrictive covenant "shall not apply" - Whether restrictive covenant unenforceable where failure to comply with s 28 when amending Ordinance.
Words and phrases – "environmental plan", "environmental planning instrument", "provide", "regulatory instrument".
Environmental Planning and Assessment Act 1979 (NSW) – s 28.
Local Government Act 1919 (NSW) – Pt XIIA.
