Cranky Rock Road Action Group Inc & Anor v Cowra Shire Council & Ors [2006] NSWCA 339

Cranky Rock Road Action Group Inc & Anor v Cowra Shire Council & Ors [2006] NSWCA 339

The absence of a statement of environmental effects from the non-designated development application breached cl.50(1)(a) and Pt 1 of Schedule 1 cl.2(1)(c) of the Environmental Planning and Assessment Regulation 2000, but the statutory scheme did not disclose a legislative purpose that such a breach invalidate the application or any consent granted. Unlike environmental impact statements and species impact statements, which are mandated by s.78A(8) of the Environmental Planning and Assessment Act 1979 and subject to detailed statutory requirements, an SEE is required by regulation, has general and flexible content, and is not an essential condition, essential preliminary or condition...

Jurisdiction
Australia
Judgment Date
05 December 2006
Procedural Posture
Appeal Concerning Validity of Development Consent for Non Designated Development / New South Wales Court of Appeal Appeal From the Land and Environment Court Decision of Bignold J Dismissing a Class 4 Application for Declaratory Relief
Outcome
Appeal dismissed with costs
Legal Topics
['development Application' 'development Consent Validity' 'statement of Environmental Effects' 'designated and Non Designated Development' 'environmental Impact Statement' 'species Impact Statement' 'statutory Construction' 'project Blue Sky Invalidity']
['town Planning and Development' 'environmental Law' 'administrative Law'] ['development Application' 'development Consent Validity' 'statement of Environmental Effects' 'designated and Non Designated Development' 'environmental Impact Statement' 'species Impact Statement' 'statutory Construction' 'project Blue Sky Invalidity']

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Procedural Posture

Appeal Concerning Validity of Development Consent for Non Designated Development / New South Wales Court of Appeal Appeal From the Land and Environment Court Decision of Bignold J Dismissing a Class 4 Application for Declaratory Relief

Legal Issues

  1. 1 ['Whether the development consent granted by Cowra Shire Council was invalid because the development application was not accompanied by a statement of environmental effects contrary to cl.50(1)(a) and cl.2(1)(c) of Pt 1 of Schedule 1 to the Environmental Planning and Assessment Regulation 2000.' 'Whether the requirement for a statement of environmental effects for non-designated development is an essential condition, essential preliminary or condition precedent to determination of a development application.' 'Whether the statutory scheme treats a statement of environmental effects in the same way as an environmental impact statement or species impact statement for invalidity purposes.']

Ratio Decidendi

The absence of a statement of environmental effects from the non-designated development application breached cl.50(1)(a) and Pt 1 of Schedule 1 cl.2(1)(c) of the Environmental Planning and Assessment Regulation 2000, but the statutory scheme did not disclose a legislative purpose that such a breach invalidate the application or any consent granted. Unlike environmental impact statements and species impact statements, which are mandated by s.78A(8) of the Environmental Planning and Assessment Act 1979 and subject to detailed statutory requirements, an SEE is required by regulation, has general and flexible content, and is not an essential condition, essential preliminary or condition...

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']