Local Democracy Matters Incorporated v Infrastructure NSW [2019] NSWCA 65

Local Democracy Matters Incorporated v Infrastructure NSW [2019] NSWCA 65

The appeal was dismissed because the Concept DA was lawfully exhibited for 28 days under the current EPA Act; LDM did not prove that the Minister failed to form the design excellence opinion required by cl 6.21 of the Sydney LEP; and cl 7 of SEPP 55 required assessment of the development actually authorised by the consent, namely Stage 1 demolition to slab or ground level, not the later construction of the new stadium which would require a further development application and consent.

Jurisdiction
Australia
Judgment Date
12 April 2019
Procedural Posture
Appeal From Land and Environment Court Class 4 Judicial Review Proceedings Concerning Development Consent for the Sydney Football Stadium Redevelopment / Court of Appeal Reasons Following Orders Dismissing the Appeal; Costs Directions Made
Outcome
Appeal dismissed; costs directions made.
Legal Topics
['state Significant Development' 'concept Development Applications' 'public Exhibition Period' 'design Excellence' 'contaminated Land' 'development Consent Validity' 'discretionary Relief']
['environment and Planning' 'administrative Law' 'judicial Review'] ['state Significant Development' 'concept Development Applications' 'public Exhibition Period' 'design Excellence' 'contaminated Land' 'development Consent Validity' 'discretionary Relief']

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Procedural Posture

Appeal From Land and Environment Court Class 4 Judicial Review Proceedings Concerning Development Consent for the Sydney Football Stadium Redevelopment / Court of Appeal Reasons Following Orders Dismissing the Appeal; Costs Directions Made

Legal Issues

  1. 1 ['Whether the Concept DA had to be placed on public exhibition for a minimum of 30 days under cl 83 of the Environmental Planning and Assessment Regulation 2000 (NSW), or 28 days under s 2.22 and Sch 1 cl 9 of the Environmental Planning and Assessment Act 1979 (NSW).' 'Whether LDM established that the Minister failed to form the opinion required by cl 6.21(3) of the Sydney Local Environmental Plan 2012 that the proposed development exhibited design excellence.' 'Whether LDM established that the Minister failed to comply with cl 7 of State Environmental Planning Policy No 55 – Remediation of Land when consenting to the Concept DA and Stage 1 demolition works.']

Ratio Decidendi

The appeal was dismissed because the Concept DA was lawfully exhibited for 28 days under the current EPA Act; LDM did not prove that the Minister failed to form the design excellence opinion required by cl 6.21 of the Sydney LEP; and cl 7 of SEPP 55 required assessment of the development actually authorised by the consent, namely Stage 1 demolition to slab or ground level, not the later construction of the new stadium which would require a further development application and consent.

Court Disposition

Appeal dismissed; costs directions made.

Orders

  • ['Appeal dismissed.' 'Direct the parties to file agreed short minutes of order as to costs within 14 days.' 'If the parties cannot agree, direct the respondents to file their proposed short minutes of order as to costs within 14 days, supported by brief written submissions.' 'Direct LDM to file its proposed short...