Section 79C(1)(e) of the EP&A Act, by requiring consideration of the public interest, obliges a consent authority to have regard to the principles of ecologically sustainable development, including the precautionary principle, in cases where issues relevant to those principles arise. The precautionary principle is not merely a political aspiration but a central element in the decision-making process. Where zoning was imposed before contemporary environmental understanding matured, the zoning does not override the requirement to evaluate development against current environmental standards, and a development that inflicts unacceptable environmental harm may be refused even if it is consistent with the zoning.
The full text is available to signed-in members, including the 122 later cases that cite this judgment.
10 of the 122 citing cases carry a classified treatment. How each court treated it is available to signed-in members.