Cranky Rock Road Action Group Inc v Cowra Shire Council

The Cranky Rock Road Action Group Inc (the applicant) appealed to the Court of Appeal of New South Wales against the decision of the primary judge who had dismissed their application for judicial review. The applicant sought to challenge the validity of a development consent granted by Cowra Shire Council (the respondent) for a development that was not designated development under the *Environmental Planning and Assessment Act 1979* (NSW). The core of the dispute concerned whether the absence of a Statement of Environmental Effects (SEE) rendered the development consent invalid.

The central legal issue before the Court of Appeal was whether a Statement of Environmental Effects (SEE) was a mandatory prerequisite for the determination of a development application for non-designated development under the *Environmental Planning and Assessment Regulation 2000* (NSW). The applicant contended that the SEE was an essential preliminary or condition precedent to the valid granting of consent, and its absence rendered the consent invalid. The Court was required to construe the relevant provisions of the Act and Regulation to determine the significance of the SEE in the context of non-designated development.

The Court of Appeal, comprising Tobias JA, Young CJ in Eq, and Campbell J, dismissed the appeal. Their Honours reasoned that while a SEE is required for designated development, the *Environmental Planning and Assessment Regulation 2000* did not impose such a strict requirement for non-designated development. The Court distinguished between the requirements for designated and non-designated development, finding that the SEE was not an "essential condition" or "essential preliminary" in the same way for non-designated development as it was for designated development. The Court concluded that the Council's consent was not invalid due to the absence of a SEE.

The appeal was dismissed with costs.