Judicial review — two project approvals in respect of contaminated Barangaroo site — whether approvals invalid or whether proponents should be restrained from carrying out project work — whether remedial action plans failed to comply with cl 17(1)(c) of State Environmental Planning Policy No 55 — Remediation of Land (SEPP 55) — whether cl 17(1)(c) of SEPP 55 applicable to the carrying out of projects approved under Part 3A of Environmental Planning and Assessment Act 1979 — post trial amendment to SEPP 55 making cl 17 inapplicable to the subject project approvals — whether failure to comply with cl 7 of SEPP 55 — whether cl 7 applicable to part 3A projects at approval stage — whether failure to consider principles of ecologically sustainable development as part of the public interest — whether failure to make requisite inquiries and constructive failure to exercise jurisdiction — whether impermissible development as part of a project relating to the extraction of sandstone — costs where applicant would have succeeded but for amendment to SEPP 55 made by Minister post-trial and before judgment.
Case Details
Citation[2011] NSWLEC 33
CourtNSWLEC
JurisdictionNew South Wales
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