North Parramatta Residents' Action Group Inc v Infrastructure New South Wales (No 2)

The applicants, North Parramatta Residents' Action Group Inc, challenged the validity of a development consent granted by Infrastructure New South Wales for a proposed stadium development. The primary dispute concerned whether the Environmental Impact Statement (EIS) prepared for the project adequately complied with the requirements of clause 7(1)(c) of the *Environmental Planning and Assessment Regulation 2000* (NSW), specifically regarding the consideration of feasible alternative sites and designs. The matter was heard by Bathurst CJ, Basten and Leeming JJA in the Court of Appeal of New South Wales.

The central legal issues before the Court were twofold. Firstly, whether the EIS had sufficiently considered feasible alternative sites for the proposed development, and secondly, whether it had adequately considered feasible alternative designs for the stadium. This involved an examination of the meaning of "feasible alternatives" in the context of the *Environmental Planning and Assessment Act 1979* (NSW) and the *Environmental Planning and Assessment Regulation 2000* (NSW), as well as the scope of alternative designs that ought to have been considered under clause 7.10 of the Parramatta Local Environmental Plan.

The Court reasoned that the requirement to consider feasible alternative sites and designs under clause 7(1)(c) of the Regulation did not necessitate a competitive design process or the exploration of every conceivable alternative. Instead, it required a genuine and rational consideration of alternatives that were realistically capable of achieving the project's objectives. The Court found that the EIS had adequately addressed the consideration of alternative sites and designs, concluding that the proponents had undertaken a sufficient level of investigation and analysis to satisfy the statutory requirements. The Court therefore dismissed the appeal.