Bay Simmer Investments Pty Ltd v The State of New South Wales [2016] NSWLEC 123

Land and Environment Court New South Wales

Medium Neutral Citation: Bay Simmer Investments Pty Ltd v The State of New South Wales [2016] NSWLEC 123 Hearing dates: 29-30 August 2016 Date of orders: 21 September 2016 Decision date: 21 September 2016 Jurisdiction: Class 4 Before: Pain J Decision: (1) The Applicant's Amended Summons is dismissed. (2) The Applicant is to pay the First Respondent's costs as agreed or assessed unless a Notice of Motion seeking other orders is filed by any party within 14 days of this judgment. (3) The exhibits are to be returned. Catchwords: JUDICIAL REVIEW – challenge to approval of concept plan for Walsh Bay Arts Precinct because construction impacts not considered by Minister's delegate – statutory construction of staged state significant development provisions in the Environmental Planning and Assessment Act 1979 – no failure to consider a mandatory relevant consideration – approval not unreasonable Legislation Cited: Civil Procedure Act 2005, s 98 Environmental Planning and Assessment Act 1979, ss 4, 75M, 75O, 78A, 79C, 80, 81A, 83A, 83B, 89C, 89D, 89E, 89F, 89G, 89H, 89L, 90, 91AA, 115ZD Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005 Environmental Planning and Assessment Amendment (Infrastructure and other Planning Reform) Bill 2005 Environmental Planning and Assessment Amendment (Part 3A Repeal) Act 2011 Environmental Planning and Assessment Regulation 2000, cll 50, 70A, 256KA, Sch 1, Pt 1 National Health and Medical Research Council Act 1992 (Cth), s 12 Uniform Civil Procedure Rules 2005, r 42.1 State Environmental Planning Policy (State and Regional Development) 2011 Cases Cited: Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1947] EWCA Civ 1 Haughton v Minister for Planning (2011) 185 LGERA 373; [2011] NSWLEC 217 Hoxton Park Residents Action Group Inc v Liverpool City Council (2011) 81 NSWLR 638; [2011] NSWCA 349 Hoxton Park Residents Action Group Inc v Liverpool City Council [2010] NSWLEC 242 Minster for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24; [1986] HCA 40 Mison v Randwick Municipal Council (1991) 23 NSWLR 734 S J Connelly v Ballina Shire Council (2010) 175 LGERA 408; [2010] NSWLEC 151 Tobacco Institute of Australia v National Health and Medical Research Council (1996) 71 FCR 265 Walker v Minister for Planning (2007) 157 LGERA 124; [2007] NSWLEC 741 Weal v Bathurst City Council (2000) 111 LGERA 181; [2000] NSWCA 88 Category: Principal judgment Parties: Bay Simmer Investments Pty Ltd (Applicant) The State of New South Wales (First Respondent) Minister for Planning (Second Respondent) (submitting appearance) Representation: COUNSEL: T Robertson SC and J Walker (Applicant) A Pickles SC and L Waterson (First Respondent)