H and J Standen Pty Ltd v Minister for Planning and Infrastructure

Land and Environment Court New South Wales Medium Neutral Citation: H & J Standen Pty Ltd v Minister for Planning and Infrastructure [2014] NSWLEC 113 Hearing dates:19 June 2013, 19 September 2013Decision date: 31 July 2014 Jurisdiction:Class 1Before: Craig J Decision: 1. The appeal is dismissed.2. The Applicant must pay the costs of the First Respondent unless within seven days it notifies both the First Respondent and my Associate of a different order that it seeks.3. Exhibits tendered on the appeal may be returned. Catchwords: APPEAL - s 56A of the Land and Environment Court Act 1979 - major project application for extension of marina - application refused by the Planning Assessment Commission - appeal to Court pursuant to s 75K(2) of the Environmental Planning and Assessment Act 1979 - appeal dismissed - Court constituted by two Commissioners - whether each Commissioner required to give reasons for judgment - whether Commissioners failed to take into account a relevant consideration - whether bases upon which the appeal was decided was a basis on which the applicant was on notice - extent to which the Commissioners were obliged to disclose evidence contemplated as material to the decision to be made - consideration of the conduct of the hearing and issues addressed in the evidence and submissions of the parties as relevant to the basis of the decision - whether the applicant was denied procedural fairness - whether the decision was so lacking in reasonableness that unidentified legal error may be inferred -...