Local Democracy Matters Incorporated v Infrastructure NSW

[2019] NSWCA 65

NSW Court of Appeal

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Interrogate

Catchwords

1. Environment and Planning
2. › Development consent
3. › State significant development
4. › Concept development applications
5. › Minimum public exhibition period
6. › Whether repealed provision was 'relocated' within meaning of transitional regulation
7. › Whether 28 days or 30 days required
8. › Environmental Planning and Assessment Act 1979 (NSW), ss 2.22, 4.22, 4.60(2)(a), Sch 1 [9]
9. › Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 (NSW), cl 4A
1. Environment and Planning
2. › Development consent
3. › Concept development applications
4. › Design excellence
5. › Whether consent authority required to form opinion as to design excellence at concept stage
6. › Whether applicant discharged onus of proving Minister failed to form requisite opinion
7. › Sydney Local Environmental Plan 2012, cl 6.21(3), (4)
1. Environment and Planning
2. › Development consent
3. › Concept development applications
4. › Contaminated land
5. › Whether consent authority required to consider contamination by reference to entire project or only Stage 1 works
6. › Whether cl 7 of SEPP 55 applied to subsequent stages of staged development
7. › State Environmental Planning Policy No 55 – Remediation of Land, cl 7
8. › Environmental Planning and Assessment Act 1979 (NSW), s 4.22

Quick Take

Practitioners advising on concept development applications should note that the design excellence and contaminated land requirements apply only to matters relevant to the concept proposal and Stage 1 works, with subsequent stages assessed separately when those development applications are lodged.