The Village McEvoy Pty Limited v Council of the City of Sydney (No 2) [2010] NSWLEC 17

Reported Decision : 176 LGERA 119

Land and Environment Court of New South Wales

CITATION : The Village McEvoy Pty Limited v Council of the City of Sydney (No 2) [2010] NSWLEC 17

APPLICANT The Village McEvoy Pty Limited PARTIES : RESPONDENT Council of the City of Sydney

FILE NUMBER(S) : 11264 of 2008

CORAM: Pepper J

KEY ISSUES: JUDICIAL REVIEW :- s 56A appeal from decision of commissioner refusing development consent for proposed retail shopping precinct - principles applicable to a s 56A appeal - whether s 79C(1)(a)(ii) overrules s 79C(1)(e) on the basis that the former is a specific provision whereas the latter is a general provision - whether commissioner took into account irrelevant considerations, including the alleged adverse economic impact of proposed development - whether commissioner failed to take into account relevant considerations, including any negative impact of the proposed development on competition - "public interest" - whether consideration of policy documents and background papers and studies was in error - whether taking into account the objects of the Environment Planning and Assesment Act was in error - whether the commissioner gave "proper, genuine and realistic consideration" to the terms of the LEP - whether the commissioner assessed the proposal against the wrong planning objectives - whether the commissioner substituted his own planning standards for those of the LEP - whether the commissioner misdirected himself as to the evidence - whether there was a failure to give adequate reasons - appeal dismissed.

Environmental Planning & Assessment Act 1979 ss 5, 74C(5), 79C(1) LEGISLATION CITED: Land and Environment Court Act 1979 s 56A South Sydney Local Environmental Plan 1998 South Sydney Development Control Plan 1997