Minister for Planning v Walker

The Minister for Planning appealed an order of the primary judge that had set aside the Minister's approval of a concept plan for development at Sandon Point. The respondent, Ms Walker, had challenged the validity of this approval, arguing that the Minister had failed to consider the public interest and the principles of ecologically sustainable development (ESD) as required by the *Environmental Planning and Assessment Act 1979* (NSW).

The Court of Appeal was required to determine whether the Minister's approval of the concept plan under section 75O of the Act was void due to an alleged failure to consider the public interest and the principles of ESD. The court also considered the effect of amendments to the *Environmental Planning and Assessment Regulation 2000* (NSW) concerning mandatory considerations for the Director-General's report and the Minister's decision-making process.

The Court of Appeal allowed the appeal, setting aside the orders of the primary judge and dismissing the proceedings. The court reasoned that while the Director-General's report was required to include matters of public interest and ESD principles, the Minister's approval under section 75O was not rendered void by a failure to consider these matters. The court found that the statutory framework did not mandate that the Minister's approval itself be void for such omissions, distinguishing between the requirements for the Director-General's report and the Minister's ultimate decision-making power under section 75O. The court concluded that the primary judge had erred in finding the approval void.