Residents Against Improper Development Inc v Chase Property Investments Pty Ltd

The case of *Residents Against Improper Development Inc v Chase Property Investments Pty Ltd* was heard in the Court of Appeal of New South Wales. The dispute concerned a development application and its classification under environmental planning legislation. The primary issue was whether the development constituted "designated development" and the implications of this classification for the appeal process.

The court was required to determine whether a provision of a local environment plan constituted a development standard, whether the development application was for "designated development," and if the application was amenable to an objection under State Environmental Planning Policy No 1. Furthermore, the court had to interpret the meaning of the phrase "in respect of designated development" in the context of the appeal proceedings.

The Court of Appeal allowed the appeal in part. It set aside the primary judge's answer regarding whether the development application was designated development and substituted an affirmative answer. The court also quashed a decision of the Land and Environment Court. The court's reasoning involved an analysis of the relevant provisions of the *Environmental Planning and Assessment Act 1979* and the interpretation of the phrase "in respect of designated development." Costs orders were made in favour of the respondent in relation to certain aspects of the proceedings, with provisions for set-off and potential certificates under the Suitor's Fund Act 1951.