4nature Incorporated v Centennial Springvale Pty Ltd [2016] NSWLEC 121

4nature Incorporated v Centennial Springvale Pty Ltd [2016] NSWLEC 121

The Planning Assessment Commission (PAC), as the consent authority, was required under cl 10(1) of the State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 not to grant development consent unless satisfied that the carrying out of the proposed development would have a neutral or beneficial effect on water quality. The material before the PAC demonstrated that it was aware of and actively engaged with this requirement, obtaining expert advice and adopting conditions consistent with regulatory advice and guidelines. It was open to the PAC to select an appropriate base case for comparison. The evidence did not support a finding that the PAC failed to reach the requisite...

Parties
Applicant: 4nature Incorporated; First Respondent: Centennial Springvale Pty Limited; Second Respondent: Springvale SK Kores Pty Limited; Third Respondent: Minister for Planning
Jurisdiction
Australia
Judgment Date
13 September 2016
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Development Consent, Judicial Review, Environmental Impact, Mandatory Considerations, State Significant Development
Environmental Law Administrative Law Planning Law Development Consent Judicial Review Environmental Impact Mandatory Considerations State Significant Development

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Parties

4nature Incorporated

Applicant

Centennial Springvale Pty Limited

First Respondent

Springvale SK Kores Pty Limited

Second Respondent

Minister for Planning

Third Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the decision-maker attained the state of satisfaction required by cl 10(1) of the State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 before granting development consent
  2. 2 Whether the decision-maker misdirected itself as to the law in the consideration and determination of the consent
  3. 3 Whether the decision-maker failed to take into account a mandatory relevant consideration

Ratio Decidendi

The Planning Assessment Commission (PAC), as the consent authority, was required under cl 10(1) of the State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 not to grant development consent unless satisfied that the carrying out of the proposed development would have a neutral or beneficial effect on water quality. The material before the PAC demonstrated that it was aware of and actively engaged with this requirement, obtaining expert advice and adopting conditions consistent with regulatory advice and guidelines. It was open to the PAC to select an appropriate base case for comparison. The evidence did not support a finding that the PAC failed to reach the requisite...

Court Disposition

Application dismissed

Orders

  • Amended summons dismissed
  • Costs reserved