Recent Cases

North Parramatta Residents’ Action Group Inc v Infrastructure New South Wales (No 2) [2021] NSWCA 146 (16 July 2021) (Bathurst CJ at [1]; Basten JA at [2]; Leeming JA at [85])


Catchwords:


ENVIRONMENT AND PLANNING – development consent – challenge to validity – whether environmental impact statement complied with Environmental Planning and Assessment Regulation cl 7(1)(c) – requirement to consider feasible alternative sites – requirement to consider feasible alternative designs

ENVIRONMENT AND PLANNING – meaning of “feasible alternatives” – requirement for competitive design process – scope of alternative designs – Parramatta Local Environmental Plan, cl 7.10