Bay Simmer Investments Pty Ltd v The State of New South Wales

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Bay Simmer Investments Pty Ltd v The State of New South Wales [2016] NSWLEC 123 Hearing dates:29-30 August 2016Date of orders: 21 September 2016 Decision date: 21 September 2016 Jurisdiction:Class 4Before: 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...