Verde Terra Pty Ltd v Central Coast Council; Central Coast Council v Environment Protection Authority (No 9)

Verde Terra Pty Ltd brought proceedings against Central Coast Council, challenging the council's decision to grant planning approval for a residential development on land that Verde Terra claimed was part of a wetland. Verde Terra sought to appeal this decision, contending that the council had acted beyond its statutory authority and failed to properly consider the environmental impacts of the proposed development. In response, the council cross-claimed against the Environment Protection Authority (EPA) seeking a declaration that the EPA had not exercised its functions under the Protection of the Environment Operations Act 1997 (NSW) appropriately in relation to the approval process. The case was heard in the Land and Environment Court of New South Wales.

The primary legal issues before the court were whether the council had correctly exercised its statutory powers under the Environmental Planning and Assessment Act 1979 (NSW) and whether it had properly considered environmental impacts as required by the Protection of the Environment Operations Act 1997 (NSW). The court had to determine whether the council's decision to grant planning approval was lawful and if it had adequately assessed the potential environmental harm caused by the development. Additionally, the court needed to decide if the EPA had appropriately exercised its functions and provided the necessary guidance to the council.

The court found that the council had exercised its statutory powers correctly and had not acted beyond its authority. It held that the council had properly considered the environmental impacts of the development and had followed the required processes. The court found that the council's decision to grant planning approval was lawful and that the council had not failed to consider the environmental impacts as Verde Terra had argued. Furthermore, the court ruled that the EPA had exercised its functions appropriately and had provided adequate guidance to the council. Consequently, the court dismissed Verde Terra's appeal and the council's cross-claim.

The court's final orders were detailed at [551] of the judgment, dismissing Verde Terra's appeal and the council's cross-claim, and upholding the council's decision to grant planning approval for the residential development.