Cranky Rock Road Action Group Inc & Anor v Cowra Shire Council & Ors [2006] NSWCA 339

Reported Decision : 150 LGERA 81

New South Wales Court of Appeal

CITATION: Cranky Rock Road Action Group Inc & Anor v Cowra Shire Council & Ors [2006] NSWCA 339 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 27 October 2006

JUDGMENT DATE: 5 December 2006

JUDGMENT OF: Tobias JA at 1; Young CJ in Eq at 92; Campbell J at 93

DECISION: Appeal dismissed with costs

CATCHWORDS: TOWN PLANNING AND DEVELOPMENT – development application – development other than designated development – form of application – documents to accompany application – statement of environmental effects (SEE) – requirements – where application not accompanied by SEE pursuant to Environmental Planning and Assessment Regulation 2000 – consent granted by development authority – whether consent invalid – distinction between designated and non-designated development – whether SEE is an "essential condition", "essential preliminary" or "condition precedent" to the determination of a development application – significance of species impact statement – Environmental Planning and Assessment Act 1979 – Environmental Planning and Assessment Regulation 2000 – construction of requirements

Environmental Planning and Assessment Act 1979, ss 77, 78A, 82A Environmental Planning and Assessment Amendment Act 1997 Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003 LEGISLATION CITED: Environmental Planning and Assessment Amendment Regulation 1998 Environmental Planning and Assessment Regulation 1994, cl 45(1) Environmental Planning and Assessment Regulation 2000, Pt 1 Schedule 1, cls 50(1)(a) and 2(1)(c) Threatened Species Conservation Act 1995 Wilderness Act 1987