NSW Caselaw
Reported Decision: 161 LGERA 423
New South Wales Court of Appeal
CITATION: Minister for Planning v Walker [2008] NSWCA 224 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 24 July 2008
JUDGMENT DATE: 24 September 2008
JUDGMENT OF: Hodgson JA at 1; Campbell JA at 65; Bell JA at 66
(1) Appeal allowed. DECISION: (2) The orders made in the court below on 29 November 2007 be set aside. (3) The proceedings in the court below be dismissed. (4) Written submissions as to costs to be provided.
CATCHWORDS: ENVIRONMENT LAW – Approval by Minister of concept plan pursuant to s 75O of the Environmental Planning and Assessment Act 1979 – Whether mandatory for Minister to consider the public interest – Whether mandatory for Minister to consider the principles of ecologically sustainable development – Whether approval void.
Environmental Planning and Assessment Act 1979, ss 4, 5, 7, 75A, 75B, 75D, 75F-75Q, 75W, 75X, 79C LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000, clauses 8B, 8C Land and Environment Court Act 1979, s 39(5) Protection of the Environment Administration Act 1991, s6
CATEGORY: Principal judgment
Association for Berowra Creek Inc v Minister for Planning [2003] NSWLEC 38; (2003) 124 LGERA 99 Brayson Motors Pty Limited v Federal Commissioner of Taxation (1985) 156 CLR 651 Carr v Western Australia [2007] HCA 47; (2007) 82 ALJR 1 Deputy Federal Commissioner of Taxation (South Australia) v Ellis and Clark Limited (1934) 52 CLR 85 Flanagan v Commissioner of Australian Federal Police (1996) 60 FCR 149 Gerlach v Clifton Bricks Pty Limited [2002] HCA 22; (2002) 209 CLR 478 Gray v The Minister for Planning [2006] NSWLEC 720; (2006) 152 LGERA 258 The King v Hickman (1945) 70 CLR 598 CASES CITED: Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Minister for Immigration and Multicultural Affairs v A (1999) 91 FCR 435 Notaras v Waverly Council [2007] NSWCA 333 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Telstra Corporation Limited v Hornsby Shire Council [2006] NSWLEC 133; (2006) 67 NSWLR 256 Tickner v Bropho (1993) 40 FCR 183 Tugun Cobaki Alliance Inc v Minister for Planning [2006] NSWLEC 396 Walsh v Parramatta Council [2007] NSWLEC 255 Woollahra Municipal Council v Minister for the Environment (1991) 23 NSWLR 710
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