Coffs Harbour City Council v The Minister for Planning and Infrastructure [2013] NSWCA 44

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Coffs Harbour City Council v The Minister for Planning and Infrastructure [2013] NSWCA 44 Hearing dates: 14 February 2013 Decision date: 06 March 2013 Before: Ward JA at [1]; Tobias AJA at [2]; Preston CJ of LEC at [3]. Decision: 1. Appeal dismissed. 2. The appellant to pay the respondents' costs of the appeal. Catchwords: JUDICIAL REVIEW - approval of concept plan for project - compliance of environmental assessment with administrative time requirement - whether time requirement a statutory requirement - whether environmental assessment submitted complied with time requirement - whether power to accept any non-compliance - whether any non-compliance results in invalidity of approval - inconsistency in terms of approval - whether so uncertain and unintelligible to be outside power - approval misdescribed proponent of project - whether statutory requirement that approval identify correctly a legal entity as proponent - appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Environmental Planning and Assessment Regulation 2000 Cases Cited: Brown v West (1998) 169 CLR 195 Johns v Australian Securities Commission (1993) 178 CLR 408 Macquarie Generation v Hodgson [2011] NSWCA 424; (2011) 186 LGERA 311 Minister for Urban Affairs and Planning v Rosemount Estates Pty Ltd (1996) 91 LGERA 31 Nguyen v Minister for Health and Ageing [2002] FCA 1241 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355 Ulan Coal Mines Ltd v Minister for Planning [2008] NSWLEC 185; (2008) 160 LGERA 20 Westfield Management Pty Ltd v Perpetual Trustee Co Ltd [2006] NSWCA 245 Whittaker v Comcare (1998) 86 FCR 532 Woolworths Ltd v Campbells Cash & Carry Pty Ltd (1996) 92 LGERA 244 Category: Principal judgment Parties: Coffs Harbour City Council (Appellant) The Minister for Planning and Infrastructure (First Respondent) Sandy Shores Development Pty Ltd (Second Respondent) The Director-General of the NSW Department of Planning and Infrastructure (Third Respondent) Representation: Mr R P L Lancaster SC (Appellant) Ms K Stern SC with Ms H P Irish (First and Third Respondents) Mr N M Eastman (Barrister) (Second Respondent) Sparke Helmore (Appellant) Legal Services Branch, NSW Department of Planning and Infrastructure (First and Third Respondents) Gadens Lawyers (Second Respondent) File Number(s): 32153 of 2012 Decision under appeal Citation: [2012] NSWLEC 4 Date of Decision: 2012-01-23 00:00:00 Before: Sheahan J File Number(s): 40219 of 2011