Botany Bay City Council v Minister for Planning and Infrastructure & Ors

[2015] NSWLEC 12

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. Part 3A Approval
2. › groundwater and drainage
3. › whether delegate of Minister considered environmental assessment requirements made under former s 75F
4. › whether overland flow path analysis required
5. › whether overland flow path analysis provided - statement of compliance with environmental assessment requirements
6. › no requirement under Part 3A to provide
7. › irrelevant to validity of Director General’s report or decision to approve project.
1. Part 3A Approval
2. › condition of approval requiring compliance with “[u]nit size...requirements of Residential Flat Design Code”
3. › proper construction
4. › whether uncertain or imprecise
5. › whether compliance with condition would result in material alteration to approved project
6. › limitations on power to impose conditions under former s 75J(4)
7. › whether alleged misconstruction of Residential Flat Design Code is an error of law.
1. Part 3A Approval
2. › traffic impacts- delegate declined to consider alteration of project to include link road- referred to need to redesign and reassess proposal
3. › whether irrelevant considerations taken into account.
1. Class 4 Proceedings
2. › judicial review
3. › Wednesbury unreasonableness
4. › relevant considerations
5. › irrelevant considerations.