Shellharbour City Council v Minister for Planning [2011] NSWLEC 59

Land and Environment Court New South Wales

Medium Neutral Citation: Shellharbour City Council v Minister for Planning [2011] NSWLEC 59 Hearing dates: 1 April 2011 Decision date: 06 April 2011 Jurisdiction: Class 4 Before: Biscoe J Decision: Directions that Respondent Minister provide relevant documents and statement of reasons. Catchwords: JUDICIAL REVIEW:-challenge to Minister's approval under Part 3A Environmental Planning and Assessment Act 1979 - directions that Respondent Minister provide relevant documents and statement of reasons. PRACTICE AND PROCEDURE:- challenge to Minister's approval under Part 3A Environmental Planning and Assessment Act 1979 - directions that Respondent Minister provide relevant documents and statement of reasons. Legislation Cited: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 13 Administrative Decisions Tribunal Act 1997 s 14 Electronic Transactions Act 2000 Environmental Planning and Assessment Act 1979 s 4, Part 3A Evidence Act 1995 Land and Environment Court Class 4 Proceedings Practice Note [14], [15] Land and Environment Court Rules r 4.3 Uniform Civil Procedure Rules r 21.2 Cases Cited: Austral Monsoon Industries Pty Ltd v Pittwater Council [2009] NSWCA 154, 75 NSWLR 169 Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd (No 2) [2010] NSWLEC 1, 172 LGERA 25 Charlton v Moore (No 2) [2009] NSWLEC 47 Hooper v Port Stephens Council [2010] NSWLEC 41 Xstrata Mangoola Pty Ltd v Muswellbrook Shire Council [2011] NSWLEC 46 Category: Procedural and other rulings Parties: Shellharbour City Council (Applicant) Minister for Planning (First Respondent) Delfin Lend Lease Limited (Second Respondent) Representation: Mr J Lazarus (Applicant) Ms K Richardson (First Respondent) Ms A Mitchelmore (Second Respondent) Sparke Helmore (Applicant) Department of Planning (First Respondent) Allens Arthur Robinson (Second Respondent) File Number(s): 40183 of 2011