City of Ryde Council v State of New South Wales [2019] NSWLEC 47

Land and Environment Court New South Wales

Medium Neutral Citation: City of Ryde Council v State of New South Wales [2019] NSWLEC 47 Hearing dates: 27 February 2019 Date of orders: 12 April 2019 Decision date: 12 April 2019 Jurisdiction: Class 4 Before: Preston CJ Decision: The Court orders: (1) The proceedings are dismissed. (2) The applicant is to pay the respondent's costs of the proceedings. Catchwords: JUDICIAL REVIEW – State environmental planning policy – amendment of policy to make low rise medium density housing complying development – decision of relevant authority not to consult with Chief Executive of Office of Environment and Heritage – opinion that policy not adversely affect critical habitat or threatened species, populations or ecological communities or their habitats – whether decision not to consult miscarried in law – whether briefing notes and reasons legally inaccurate – whether misdirection, failure to consider relevant matters or manifestly unreasonable decision – decision not shown to have miscarried in law Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Amendment Act 2008 Environmental Planning and Assessment Regulation 2000 Fisheries Management Act 1994 National Parks and Wildlife Act 1974 Native Vegetation Act 2003 Protection of the Environment Administration Act 1991 Ryde Local Environmental Plan 2014 State Environment Planning Policy (Exempt and Complying Development Codes) Amendment (Low Rise Medium Density Housing) Amendment 2018 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Low Rise Medium Density Housing) State Environmental Planning Policy (Exempt and Complying Development Codes) Amendment (Low Rise Medium Density Housing) Further Amendment 2018 Threatened Species Conservation Act 1995 Cases Cited: All Seasons Air Pty Ltd v Regal Consulting Services Pty Ltd [2017] NSWCA 289 Clifford v Wyong Shire Council (1996) 89 LGERA 240 Coleman v Power (2004) 220 CLR 1 Collector of Customs v Pozzolanic (1993) 43 FCR 280 Currey v Sutherland Shire Council (1998) 100 LGERA 365 De Angelis v Pepping [2015] NSWCA 236 Director General, NSW Department of Industry and Investment v Mato Investments Pty Ltd (2014) 87 NSWLR 465; [2014] NSWCA 465 Franklins Ltd v Penrith City Council and Campbells Cash & Carry Pty Ltd [1999] NSWCA 134 Gee v Sydney City Council (2004) 137 LGERA 157 Helman v Byron Shire Council (1995) 87 LGERA 349 Hossain v Minister for Immigration and Border Protection (2018) 92 ALJR 780; [2018] HCA 34 Huntlee Pty Ltd v Sweetwater Action Group (2011) 185 LGERA 429; [2011] NSWCA 378 Lazarus v ICAC (2017) 94 NSWLR 36 Manly Council v Hortis (2001) 113 LGERA 321 Minister for Immigration and Border Protection v SZMTA (2019) 93 ALJR 252; [2019] HCA 3 Minister for Immigration and Citizenship v Khadgi (2010) 190 FCR 248 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Parramatta City Council v Hale (1982) 47 LGRA 319 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Somerville v Dalby (1990) 69 LGRA 422 Stambe v Minister for Health [2019] FCA 43 Category: Principal judgment Parties: City of Ryde Council (Applicant) State of New South Wales (Respondent) Representation: Counsel: Mr J Kirk SC and Ms Z Heger (Applicant) Mr N Williams SC and Mr C Lenehan (Respondent)