Walker v Minister for Planning [2007] NSWLEC 741

Reported Decision : [2008] NSWCA 224 157 LGERA 124

Land and Environment Court of New South Wales

CITATION : Walker v Minister for Planning [2007] NSWLEC 741 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT: Jill Walker

FIRST RESPONDENT: Minister for Planning

PARTIES : SECOND RESPONDENT: Stockland Development Pty Ltd ABN 71 000 064 835

THIRD RESPONDENT: Anglican Retirement Villages- Diocese of Sydney ABN 39 922 848 563

FILE NUMBER(S) : 40240 of 2007

CORAM: Biscoe J

Judicial Review :- whether Minister's approval of concept plan for project and associated determinations under ss 75O(2) and 75P(1) in Part 3A of Environmental Planning and Assessment Act 1979 void - whether Minister obliged, and failed, to consider findings and recommendations in report of Commission of Inquiry as required by s 75O(2)(c) - whether Minister obliged, and failed, to consider principles of ecologically sustainable development and the impact of the proposal upon the environment including as to whether impacts of proposed flood constrained coastal plain project would be compounded by climate change flood risk - whether Minister deferred essential matters for later consideration or the concept plan approval lacked finality and whether those principles applicable to concept plan approval under Part 3A KEY ISSUES: Ecologically Sustainable Development (ESD): - whether Minister's concept plan approval and associated determinations under ss 75O(2) and 75P(1) in Part 3A of Environmental Planning and Assessment Act 1979 void because Minister failed to take into account ESD and impact of proposal on environment - whether ESD mandatory consideration - whether Minister failed to consider ESD principles by not considering whether impacts of proposed flood constrained coastal plain project would be compounded by climate change – whether Minister failed to consider ESD principles re impact of proposal on Endangered Ecological Communities because there was no up to date mapping to verify their extent and nature