Local Democracy Matters Incorporated v Infrastructure NSW; Waverley Council v Infrastructure NSW [2019] NSWLEC 20

Land and Environment Court New South Wales

Medium Neutral Citation: Local Democracy Matters Incorporated v Infrastructure NSW; Waverley Council v Infrastructure NSW [2019] NSWLEC 20 Hearing dates: 20-22 February 2019 Date of orders: 06 March 2019 Decision date: 06 March 2019 Jurisdiction: Class 4 Before: Pain J Decision: See [204] of judgment Catchwords: Judicial review – challenge to Minister for Planning's grant of development consent to concept development application including Stage 1 demolition of Sydney Football Stadium – no failure to comply with mandatory public exhibition period – no failure to comply with Sydney Local Environmental Plan 2012 concerning design excellence – no failure to comply with State Environmental Planning Policy 55 Remediation of Land Legislation Cited: Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 cl 3, 4A, 5 Environmental Planning and Assessment Act 1979 ss 1.3, 1.4, 1.5, 2.22, 4.2, 4.9, 4.10, 4.11, 4.12, 4.15, 4.16, 4.19, 4.21, 4.22, 4.23, 4.24, 4.36, 4.37, 4.38, 4.39, 4.40, 4.41, 4.43, 4.60, 4.64, 9.44, 9.45, 9.46, 10.13, Sch 1 Environmental Planning and Assessment Amendment Act 2017 Sch 13 Environmental Planning and Assessment Amendment Bill 2017 Environmental Planning and Assessment Regulation 2000 cl 83 Heritage Act 1977 s 57 Interpretation Act 1987 s 30A Land and Environment Court Act 1979 s 56A Parramatta Local Environmental Plan 2011 State Environmental Planning Policy No 55—Remediation of Land cll 2, 4, 7 Sydney Cricket and Sports Ground Act 1978 s 14 Sydney Local Environmental Plan 2012 cll 6.21, 7.19, 7.20 Cases Cited: 4nature Incorporated v Centennial Springvale Pty Ltd (2016) 218 LGERA 289; [2016] NSWLEC 121 Al Maha Pty Ltd v Huajun Investments Pty Ltd [2018] NSWCA 245 Albury City Council v North Albury Shopping Centre Pty Limited (1985) 1 NSWLR 220