Local Democracy Matters Incorporated v Infrastructure NSW; Waverley Council v Infrastructure NSW [2019] NSWLEC 20

Local Democracy Matters Incorporated v Infrastructure NSW; Waverley Council v Infrastructure NSW [2019] NSWLEC 20

There was no failure to meet the statutory minimum public exhibition period (28 days applied by force of law at relevant time); sufficient consideration of design excellence for the concept proposal was made on material before the Minister; SEPP 55 requirements for contamination were satisfied in respect of the Stage 1 demolition works and further investigation is permissible at Stage 2. The applicants did not discharge the onus of proof to show the Minister failed to form the requisite opinions or was not satisfied as required.

Jurisdiction
Australia
Judgment Date
06 March 2019
Procedural Posture
Judicial Review / Principal Judgment
Outcome
Amended summonses dismissed; costs reserved
Legal Topics
['development Consent' 'statutory Interpretation' 'design Excellence' 'contaminated Land' 'public Exhibition Periods']
['administrative Law' 'planning and Environment Law'] ['development Consent' 'statutory Interpretation' 'design Excellence' 'contaminated Land' 'public Exhibition Periods']

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Procedural Posture

Judicial Review / Principal Judgment

Legal Issues

  1. 1 ['Whether failure to exhibit development application for statutory minimum period rendered consent invalid' 'Whether failure to consider mandatory requirements of Sydney Local Environmental Plan 2012 concerning design excellence rendered consent invalid' 'Whether failure to comply with State Environmental Planning Policy 55 – Remediation of Land rendered consent invalid']

Ratio Decidendi

There was no failure to meet the statutory minimum public exhibition period (28 days applied by force of law at relevant time); sufficient consideration of design excellence for the concept proposal was made on material before the Minister; SEPP 55 requirements for contamination were satisfied in respect of the Stage 1 demolition works and further investigation is permissible at Stage 2. The applicants did not discharge the onus of proof to show the Minister failed to form the requisite opinions or was not satisfied as required.

Court Disposition

Amended summonses dismissed; costs reserved

Orders

  • ["In proceedings 19/39988: The Applicant's amended summons dated 6 February 2019 is dismissed; Costs are reserved." "In proceedings 19/43610: The Applicant's summons dated 8 February 2019 is dismissed; Costs are reserved."]