H & J Standen Pty Ltd v Minister for Planning and Infrastructure [2014] NSWLEC 113

Land and Environment Court New South Wales

Medium Neutral Citation: H & J Standen Pty Ltd v Minister for Planning and Infrastructure [2014] NSWLEC 113 Hearing dates: 19 June 2013, 19 September 2013 Decision date: 31 July 2014 Jurisdiction: Class 1 Before: Craig J Decision: 1. The appeal is dismissed. 2. The Applicant must pay the costs of the First Respondent unless within seven days it notifies both the First Respondent and my Associate of a different order that it seeks. 3. Exhibits tendered on the appeal may be returned. Catchwords: APPEAL - s 56A of the Land and Environment Court Act 1979 - major project application for extension of marina - application refused by the Planning Assessment Commission - appeal to Court pursuant to s 75K(2) of the Environmental Planning and Assessment Act 1979 - appeal dismissed - Court constituted by two Commissioners - whether each Commissioner required to give reasons for judgment - whether Commissioners failed to take into account a relevant consideration - whether bases upon which the appeal was decided was a basis on which the applicant was on notice - extent to which the Commissioners were obliged to disclose evidence contemplated as material to the decision to be made - consideration of the conduct of the hearing and issues addressed in the evidence and submissions of the parties as relevant to the basis of the decision - whether the applicant was denied procedural fairness - whether the decision was so lacking in reasonableness that unidentified legal error may be inferred - evaluative judgment and attribution of weight distinguished from unreasonableness - appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Land and Environment Court Act 1979 (NSW) Port Hacking Integrated Environmental Management Plan 2008 State Environmental Planning Policy (Major Development) 2005 Sutherland Shire Local Environmental Plan 2006 (NSW) Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Avon Downs Pty Ltd v Federal Commissioner of Taxation [1949] HCA 26; 78 CLR 353 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Boral Cement Pty Ltd v SHCAG Pty Ltd; Minister for Planning and Infrastructure v SHCAG Pty Ltd [2013] NSWLEC 203 Botany Bay City Council v Farnworth Holdings Pty Ltd [2004] NSWCA 157 Botany Bay City Council v Pet Carriers International Pty Ltd [2013] NSWLEC 147 Carstens v Pittwater Council [1999] NSWLEC 249; 111 LGERA 1 Corporation of the City of Enfield v Development Assessment Commission [2000] HCA 5; 199 CLR 135