Shell Road Development Pty Ltd v Minister for Planning

Case [2025] VSC 525


IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE
COMMON LAW DIVISION

VALUATION, COMPENSATION AND PLANNING LIST

S ECI 2022 05052

Shell Road Development Pty Ltd & Ors (according to the attached schedule) Plaintiffs
v
Minister for Planning Defendant

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JUDGE:

Quigley J

WHERE HELD:

Melbourne

DATES OF HEARING:

19 and 20 November 2024

DATE OF JUDGMENT:

28 August 2025

CASE MAY BE CITED AS:

Shell Road Development Pty Ltd v Minister for Planning

MEDIUM NEUTRAL CITATION:

[2025] VSC 525

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ADMINISTRATIVE LAW — Judicial Review — Strategic Planning — Planning and Environment Act 1987 (Vic) (‘P&E Act’) Part 3AAB — Distinctive areas and landscapes declaration for Bellarine Peninsula — Minister’s decision to finalise statement of planning policy — Whether decision affected by irrationality or unreasonableness — ‘Evident and intelligible justification’ and ‘genuine consideration’ — Whether Minister genuinely engaged with recommendation of advisory committee — Whether Minister genuine considered the community consultation as obligated — Whether error in the Minister’s decision to approve statement of planning policy by reason of a pre‑election commitment — Apprehended bias — Consideration of apprehension of bias where decision made by elected official — Decision made not legally unreasonable or irrational — No bias — Minister entitled to take into account policy commitment.

PLANNING LAW — Role of an advisory committee to which advice had been sought — Statutory interpretation — Exercise of discretion under s 46AV of the P&E Act.

Zeally Investments Pty Ltd v Minister for Planning [2023] VSC 755, Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507, Haneef v Minister for Immigration and Citizenship (2007) 161 FCR 40, Minister for Immigration and Citizenship v Li (2013) 249 CLR 332, Immigration and Border Protection v SZVFW (2018) 264 CLR 541, Plaintiff S183/2021 v Minister for Home Affairs (2022) 96 ALJR 464, Zaburoni v Minister for Immigration and Border Protection (2017) 256 FCR 197, Minister for Families and Children vArthur (2016) 51 VR 597, Jones v Dunkel (1959) 101 CLR 298, referred to; Stambe v Minister for Health (2019) 270 FCR 173, distinguished.

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APPEARANCES:

Counsel Solicitors
For the Plaintiffs Mr N. Wood SC
Mr G. Lake
Best Hooper Lawyers
For the Defendant Ms J. Forsyth SC
Mr R. Chaile
Victorian Government Solicitor’s Office

TABLE OF CONTENTS

Introduction

Overview of Submissions

Legislative Framework

Purpose of the P&E Act

Part 3AAB of the P&E Act

Declaration of area as ‘distinctive area and landscape’

Requirement for Minister to prepare SPP for a declared area

Content of an SPP

Consultation

Endorsement required

Approval of an SPP

When and how the SPP takes effect

Amendment of a PSB

Chronology of Events

The pre-election press release

Phase 1 of Community Engagement

Consultation with Traditional Owners

Declaration of the DAL

Phase 2 of Community Engagement

Establishment of the Advisory Committee

Draft SPP and Phase 3 of Community Engagement

Re-declaration of the DAL

Referral to the Advisory Committee

Advisory Committee hearing and Report

Department…

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Shell Road Development Pty Ltd v Minister for Planning [2025] VSC 525
Case
[2025] VSC 525
Decision Date

CaseChat Overview and Summary

Shell Road Development Pty Ltd brought a challenge to a decision made by the Minister for Planning, concerning the finalisation of a statement of planning policy for the Bellarine Peninsula. The dispute arose under the Planning and Environment Act 1987 (Vic), specifically Part 3AAB, which pertains to the declaration of distinctive areas and landscapes. The developer contested the Minister’s decision, arguing it was affected by irrationality, unreasonableness, and a failure to genuinely consider recommendations and community consultation as required by law. Additionally, the developer claimed the Minister's decision was influenced by a pre-election commitment, and there was an apprehended bias.

The court examined whether the Minister's decision was legally sound and whether there was any genuine consideration of the advisory committee's recommendations and community input. It was also necessary to determine if the Minister genuinely engaged with the statutory obligations and whether the decision was influenced by a pre-election commitment, which could constitute an error. Furthermore, the court had to assess whether there was any apprehended bias in the Minister's decision-making process. The court found that the Minister's decision was not legally unreasonable or irrational, as the Minister had provided an evident and intelligible justification for the decision. The court also determined that there was no bias, and the Minister was entitled to take into account policy commitments.

In conclusion, the court dismissed the developer's challenge. The Minister's decision was upheld, and the developer was not entitled to any relief. The Minister was found to have genuinely considered the statutory obligations, and the decision did not suffer from any legal defects such as irrationality, unreasonableness, or bias. The court's decision was based on a thorough analysis of the statutory requirements and the evidence presented.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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