Drake-Brockman v Minister for Planning

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

07/03/2007

LITIGATION TYPE

Access to Justice, Project Approval - Mitigation

SUBJECT MATTER

Costs, Energy efficiency

REVIEW TYPE

Judicial review

SUMMARY

Drake-Brockman sought judicial review of the Planning Minister's decision to approve a concept plan for the redevelopment of site in central Sydney. Drake-Brockman argued, among other things, that the Minister failed to consider principles of ecologically sustainable development (ESD), the Minister did not obtain information about the GHG emissions of the redevelopment or undertake an assessment of less emissions intensive options. The Court rejected the submissions that satisfactory consideration of ESD required a 'quantitative analysis of greenhouse gas emissions' and upheld the approval decision.

In the second judgment, Drake-Brockman had been unsuccessful in seeking judicial review of the Planning Minister's decision and the Minister and the project proponent claimed costs against him. Drake-Brockman argued the case had been brought in the public interest and the Court should use its discretion no to make the usual order as to costs. The Court declined to exercise its discretion on the grounds that there was insufficient public interest in the climate change implications of the project in question, the case did not involve the resolution of ambiguity in the law and Drake-Brockman's submissions were not particularly strong.

CASE DOCUMENTS

Drake-Brockman v Minister for Planning [2007] NSWLEC 490; (2007) 158 LGERA 349
Drake-Brockman v Minister for Planning (No 2) [2007] NSWLEC 777