Minister for Planning v. Walker

Summary:

The Minister for Planning approved a residential development project, and the respondent challenged the approval in the Land and Environment Court. The lower court found that the Minister erred in failure to apply ecologically sustainable development (ESD) principals when approving the project. The court held that the agency had an obligation under the Environmental Planning and Assessment Act 1979 to take into account the principle of ESD and the impact of the proposal upon the environment, including whether the flooding impacts of the project would be compounded by climate change. On appeal, the New South Wales Court of Appeal overturned the lower court’s decision, holding that while the Environmental Planning and Assessment Act 1979 required the Minister to take into account the “public interest,” the Minister was under no obligation to consider ESD principles.

At Issue: Appeal of lower court rejection of state agency approval of a residential development project