North Parramatta Residents’ Action Group Inc v Infrastructure New South Wales (No 2) [2021] NSWCA 146

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: North Parramatta Residents' Action Group Inc v Infrastructure New South Wales (No 2) [2021] NSWCA 146 Hearing dates: 2 July 2021 Decision date: 16 July 2021 Before: Bathurst CJ at [1]; Basten JA at [2]; Leeming JA at [85] Decision: (1) Dismiss the appeal from the judgment of the Land and Environment Court. (2) Order that the appellant pay the first respondent's costs of the appeal other than its costs of the appellant's notice of motion of 22 June 2021 seeking interlocutory relief. (3) Note that the interlocutory injunction granted pending determination of the appeal expires on the delivery of this judgment. Catchwords: ENVIRONMENT AND PLANNING – development consent – challenge to validity – whether environmental impact statement complied with Environmental Planning and Assessment Regulation cl 7(1)(c) – requirement to consider feasible alternative sites – requirement to consider feasible alternative designs ENVIRONMENT AND PLANNING – meaning of "feasible alternatives" – requirement for competitive design process – scope of alternative designs – Parramatta Local Environmental Plan, cl 7.10 Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 2.1, 4.5, 4.12, 4.36, 4.38, 4.39, 10.13 Environmental Planning and Assessment Regulation 1980 (NSW), cl 57 Environmental Planning and Assessment Regulation 2000 (NSW), Sch 2, cll 1, 3, 6, 7, 9 Parramatta Local Environmental Plan 2011 (NSW), cl 7.10 State Environmental Planning Policy (State and Regional Development) 2011 (NSW), Sch 1, cl 13 Cases Cited: Local Democracy Matters Incorporated v Infrastructure NSW (No 2) [2019] NSWCA 118 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Prineas v Forestry Commission of NSW (1984) 53 LGRA 160 The Queen v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13; [1980] HCA 13 Texts Cited: M Leeming, Resolving Conflicts of Laws (The Federation Press, 2011), section 3.3 Category: Principal judgment Parties: North Parramatta Residents' Action Group Inc (Appellant) Infrastructure New South Wales (First Respondent) Minister for Planning and Public Spaces (Second Respondent) Representation: Counsel: Mr T Hale SC / Ms P Hart (Appellant) Mr R Lancaster SC / Mr T Boyle (First Respondent) Mr R Beasley SC / Ms M O'Brien (Second Respondent)