Hill Top Residents Action Group Inc v Minister for Planning & Anor (No 3); Strang v Minister for Planning & Anor [2010] NSWLEC 155

Reported Decision : 176 LGERA 20

Land and Environment Court of New South Wales

CITATION : Hill Top Residents Action Group Inc v Minister for Planning & Anor (No 3); Strang v Minister for Planning & Anor [2010] NSWLEC 155

APPLICANT in proceeding 40407 of 2010 Hill Top Residents Action Group Inc

FIRST RESPONDENT in proceeding 40407 of 2010 Minister for Planning

SECOND RESPONDENT in proceeding 40407 of 2010 Communities NSW (Sports and Recreation) PARTIES : APPLICANT in proceeding 40619 of 2010 Clare Elisabeth Strang

FIRST RESPONDENT in proceeding 40619 of 2010 Minister for Planning

SECOND RESPONDENT in proceeding 40619 of 2010 Communities NSW (Sports and Recreation)

FILE NUMBER(S) : 40407 and 40619 of 2010

CORAM: Preston CJ

JUDICIAL REVIEW :- approval of shooting complex under Part 3A of Environmental Planning and Assessment Act 1979 - project originally prohibited under local environmental plan - State environmental planning policy amended to apply to the land - whether local environmental plan applies to project if approved - whether Minister was precluded from giving approval by operation of s 75J(3) of Environmental Planning and Assessment Act 1979 and cl 8O of Environmental Planning and Assessment Regulation 2000 - local environmental plan does not apply to land - Minister not precluded from giving approval to project KEY ISSUES: COSTS:- whether public interest nature of litigation justifies a departure from the usual costs rule - proceedings brought to uphold and enforce public law obligations - applicants' claims raise issues of general importance - litigation contributed to the proper understanding and administration of Part 3A of the Environmental Planning and Assessment Act 1979 - no countervailing considerations - each party is to pay their own costs of the the proceedings