Austral Monsoon Industries Pty Limited v Pittwater Council [2009] NSWCA 154

Austral Monsoon Industries Pty Limited v Pittwater Council [2009] NSWCA 154

The Minister validly formed the required opinion under cl 6 of the SEPP (State Significant Development) 2005 for the development as described in the Original DA, and the amendments to the DA did not amount to a withdrawal but were proper amendments under cl 55 of the Regulation. The application remains on foot and...

Source-derived case information.

Parties
Appellant: Austral Monsoon Industries Pty Limited; First Respondent: Pittwater Council; Second Respondent: Minister for Planning
Jurisdiction
Australia
Judgment Date
18 June 2009
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal and first cross-appeal allowed. Second cross-appeal dismissed.
Legal Topics
Judicial Review, State Significant Development, Statutory Interpretation, Improper Purpose, Relevant and Irrelevant Considerations, Transitional Provisions
Administrative Law Environment and Planning Judicial Review State Significant Development Statutory Interpretation Improper Purpose Relevant and Irrelevant Considerations Transitional Provisions

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Summary, issues, holding and outcome

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Parties

Austral Monsoon Industries Pty Limited

Appellant

Pittwater Council

First Respondent

Minister for Planning

Second Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Minister's Opinion under cl 6 of the State Environmental Planning Policy (State Significant Development) 2005 is valid for the purposes of a development application lodged prior to the 2005 legislative amendments and subsequently amended
  2. 2 Whether the Original or the Amended Development Application remains extant for determination
  3. 3 Whether the Minister's Opinion was formed for an improper or collateral purpose

Ratio Decidendi

The Minister validly formed the required opinion under cl 6 of the SEPP (State Significant Development) 2005 for the development as described in the Original DA, and the amendments to the DA did not amount to a withdrawal but were proper amendments under cl 55 of the Regulation. The application remains on foot and is to be determined as if the 2005 amendments had not been made, with the Minister as the consent authority. No evidence supported a finding of improper purpose or failure to consider mandatory relevant considerations.

Court Disposition

Appeal and first cross-appeal allowed. Second cross-appeal dismissed.

Orders

  • Set aside Order 3 of the orders made 28 April 2008.
  • Declare that the Minister's opinion expressed in the Record of Minister's Opinion for the Purposes of Clause 6 of the State Environmental Planning Policy (State Significant Development) 2005, made and dated 3 May 2007, is valid in respect of development application No DA-144-6-2005-i lodged 10 June 2005.