North Parramatta Residents Action Group v Infrastructure NSW [2021] NSWLEC 60

North Parramatta Residents Action Group v Infrastructure NSW [2021] NSWLEC 60

There was no obligation on the proponent by cl 7(1)(c) of Sch 2 of the Regulation to investigate alternative sites for the Powerhouse Parramatta. If such an obligation existed, there were no feasible alternative sites consistent with the development's objectives. The Civic Link's planned alignment made retention of 'Willow Grove' incompatible with project objectives, so there was no feasible alternative design that would retain 'Willow Grove.' The EIS and its supporting documents provided sufficient material to enable public participation and informed decision-making, thereby substantially complying with statutory requirements. The challenge to the validity of the EIS and the development...

Jurisdiction
Australia
Judgment Date
16 June 2021
Procedural Posture
Judicial Review / Final Judgment at First Instance
Outcome
Summons dismissed. Costs reserved.
Legal Topics
['environmental Impact Statements' 'judicial Review of Government Decision' 'development Consent' 'heritage Protection' 'statutory Construction']
['administrative Law' 'planning Law' 'environmental Law'] ['environmental Impact Statements' 'judicial Review of Government Decision' 'development Consent' 'heritage Protection' 'statutory Construction']

Case Brief

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Procedural Posture

Judicial Review / Final Judgment at First Instance

Legal Issues

  1. 1 ["Whether the Environmental Impact Statement (EIS) complied with clause 7(1)(c) of Schedule 2 of the Environmental Planning and Assessment Regulation 2000 and the Secretary's Environmental Assessment Requirements (SEARs)" "Whether the EIS was required to analyse feasible alternative sites for the development and feasible alternative designs retaining 'Willow Grove'" 'Whether failure to adequately address alternatives rendered the EIS and consent invalid']

Ratio Decidendi

There was no obligation on the proponent by cl 7(1)(c) of Sch 2 of the Regulation to investigate alternative sites for the Powerhouse Parramatta. If such an obligation existed, there were no feasible alternative sites consistent with the development's objectives. The Civic Link's planned alignment made retention of 'Willow Grove' incompatible with project objectives, so there was no feasible alternative design that would retain 'Willow Grove.' The EIS and its supporting documents provided sufficient material to enable public participation and informed decision-making, thereby substantially complying with statutory requirements. The challenge to the validity of the EIS and the development...

Court Disposition

Summons dismissed. Costs reserved.

Orders

  • ['The Amended Summons is dismissed.' 'Costs are reserved.' 'The exhibits are returned.']