Millers Point Fund Incorporated, a community group, was represented by the Environmental Defenders Office (EDO) in its judicial review of the Planning Assessment Commission (PAC) decision in the Land and Environment Court of NSW (LEC) in November.
The decision under review was that of PAC to allow the modification of the Crown Casino Development at Barangaroo to be on land that had originally been set aside as a public park. In the first approval of the development the area had been set aside as a public park, in the modification of the plan the park was moved back from the waterfront and the casino was relocated to where the park was originally to be situated. PAC deferred to an approval under the Casino Licensing Laws.
The EDO challenged the decision on four main grounds:
- Whether PAC properly exercised its powers, duties and functions under s 75W of the Environmental Planning and Assessment Act 1979 NSW (EP & A Act)
- Whether PAC took into account irrelevant considerations in contravention on s 75W of the EP & A Act
- Whether the development application to construct the Casino at Barangaroo was contingent upon the modification of the concept plan
- Whether PAC took into account irrelevant consideration in contravention of s 79C of the EP & A act.
Ultimately, his Honour Robson J found that none of the challenges were made out and the proceedings for Judicial Review were dismissed.
The EDO media release prior to the case can be found here and the full judgment can be found here.
If you would like assistance with judicial review or assistance in any other planning, environment or local government matter. Contact our expert team of environmental lawyers, local government lawyers and planning lawyers in Parramatta on 1800 300 308 or info@matthewsfolbigg.com.au.
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