Local Democracy Matters Incorporated v Infrastructure NSW [2019] NSWCA 65

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Local Democracy Matters Incorporated v Infrastructure NSW [2019] NSWCA 65 Hearing dates: 15 March 2019 Date of orders: 15 March 2019 Decision date: 12 April 2019 Before: Leeming JA, Sackville AJA, Emmett AJA Decision: 1. Direct the parties to file agreed short minutes of order as to costs within 14 days. 2. If the parties cannot agree, direct the respondents to file their proposed short minutes of order as to costs within 14 days, supported by brief written submissions. 3. Direct LDM to file its proposed short minutes of order as to costs within a further seven days, supported by brief written submissions. 4. Direct the respondents to file any brief written submissions in reply within a further seven days. Catchwords: ENVIRONMENT AND PLANNING – judicial review of decision by the Minister for Planning to grant consent to a concept development application (Concept DA) to redevelop the Sydney Football Stadium – Concept DA proposal included Stage 1 works involving the demolition of the existing Stadium to ground level – whether the Minister's consent granted in contravention of mandatory requirements of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act)

ENVIRONMENT AND PLANNING – whether Concept DA had to be placed on public exhibition for a minimum of 28 days or 30 days – whether the repealed s 89F of the EPA Act providing for a minimum of 30 days was a "relocated" provision within the meaning of cl 4A(2) of the Environmental Planning and Assessment (Savings, Transitional and other Provisions) Regulation 2017 (NSW) – whether applicant discharged its onus of establishing that the Minister failed to form an opinion as to the design excellence of the proposal as required by cl 6.21(3) of the Sydney Local Environmental Plan – whether the applicant discharged the onus of establishing that the Minister failed to comply with cl 7 of SEPP 55, which prevents development on contaminated land unless the Minister is satisfied or certain matters Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Environmental Planning and Assessment Amendment Act 2017 (NSW) Environmental Planning and Assessment (Staged Developments Applications) Act 2017 (NSW) Interpretation Act 1987 (NSW) Land and Environment Court Act 1979 (NSW) Supreme Court Act 1970 (NSW)