Luna Park Sydney Pty Ltd v Minister for Planning [2018] NSWLEC 89

Land and Environment Court New South Wales

Medium Neutral Citation: Luna Park Sydney Pty Ltd v Minister for Planning [2018] NSWLEC 89 Hearing dates: 5 February 2018 Date of orders: 20 July 2018 Decision date: 20 July 2018 Jurisdiction: Class 4 Before: Molesworth AJ Decision: Proceedings dismissed. See orders at [146] Catchwords: JUDICIAL REVIEW- staged development – distinction in question between consent for use of land and consent for works to enable that use – approvals encompassed only use of land – proceedings dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Luna Park Site Act 1991 State Environmental Planning Policy (State Significant Precincts) 2005 State Environmental Planning Policy (State and Regional Development) 2011 State Environmental Planning Policy No 56 – Sydney Harbour Foreshores and Tributaries Cases Cited: Addenbrooke Pty Ltd v Woollahra Municipal Council (No 2) [2009] NSWLEC 134 Bardsley-Smith v Penrith City Council, [2013] NSWCA 200 Bay Simmer Investments Pty Ltd v State of New South Wales [2017] NSWCA 135 Seidler v Luna Park Reserve Trust (NSWSC, unreported, Hodgson J, 21 September 1995) Street v Luna Park Sydney Pty Limited, [2009] NSWSC 1 Category: Principal judgment Parties: Luna Park Sydney Pty Ltd (Applicant) Minister for Planning (First Respondent) McKenzie Group Consulting (NSW) Pty Ltd (Second Respondent) Representation: Counsel: Mr Adrian Galasso SC with Mr Stephen Free (Applicant) Ms Anna Mitchelmore (First Respondent)