Shellharbour City Council v Minister for Planning

Land and Environment Court

New South Wales

Medium Neutral Citation:	Shellharbour City Council v Minister for Planning [2011] NSWLEC 59
Hearing dates:	1 April 2011
Decision date:	06 April 2011
Jurisdiction:	Class 4
Before:	Biscoe J
Decision:	Directions that Respondent Minister provide relevant documents and statement of reasons.
Catchwords:	JUDICIAL REVIEW:-challenge to Minister's approval under Part 3A Environmental Planning and Assessment Act 1979 - directions that Respondent Minister provide relevant documents and statement of reasons. PRACTICE AND PROCEDURE:- challenge to Minister's approval under Part 3A Environmental Planning and Assessment Act 1979 - directions that Respondent Minister provide relevant documents and statement of reasons.
Legislation Cited:	Administrative Decisions (Judicial Review) Act 1977 (Cth) s 13 Administrative Decisions Tribunal Act 1997 s 14 Electronic Transactions Act 2000 Environmental Planning and Assessment Act 1979 s 4, Part 3A Evidence Act 1995 Land and Environment Court Class 4 Proceedings Practice Note [14], [15] Land and Environment Court Rules r 4.3 Uniform Civil Procedure Rules r 21.2
Cases Cited:	Austral Monsoon Industries Pty Ltd v Pittwater Council [2009] NSWCA 154, 75 NSWLR 169 Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd (No 2) [2010] NSWLEC 1, 172 LGERA 25 Charlton v Moore (No 2) [2009] NSWLEC 47 Hooper v Port Stephens Council [2010] NSWLEC 41 Xstrata Mangoola Pty Ltd v Muswellbrook Shire Council [2011] NSWLEC 46
Category:	Procedural and other rulings
Parties:	Shellharbour City Council (Applicant) Minister for Planning (First Respondent) Delfin Lend Lease Limited (Second Respondent)
Representation:	Mr J Lazarus (Applicant) Ms K Richardson (First Respondent) Ms A Mitchelmore (Second Respondent) Sparke Helmore (Applicant) Department of Planning (First Respondent) Allens Arthur Robinson (Second Respondent)
File Number(s):	40183 of 2011

Judgment

Introduction

1. These are judicial review proceedings by Shellharbour City Council challenging the approval by the first respondent, the Minister for Planning, of a concept plan under Part 3A of the Environmental Planning and Assessment Act 1979 ( EPA Act ). The second respondent, Delfin Lend Lease Ltd, is the proponent of the proposed development.

1. The proceedings are before the Court for directions. The applicant seeks directions, which are contested, that:

(a)   the Minister provide the applicant with access to files held in relation to the concept plan application, including documents and electronic communications held by the Department of Planning or the Minister in respect of the concept plan application;

(b)   the Minister provide the applicant with a written statement setting out:

(i)   the findings made by the Minister on any material question of fact;

(ii)   the evidence on which any such findings were based;

(iii)   the Minister's understanding of the applicable law; and

(iv)   the reasoning process that led to the decision;

(c)   related directions.

1. The respondents submit that these directions should not be made because:

(a)   the Court should not exercise its discretion before the applicant files its points of claim. Thereafter the production of documents and reasons may be restricted to the issues raised by the points of claim;

(b)   the applicant is seeking discovery (as indicated…