Evans v Maclean Shire Council and Anor

September 2004

EDO NSW represented Mr and Mrs Evans, objectors to a development application for the expansion of a caravan park and the construction of an on-site sewerage treatment system on Palmers Island on the north coast of NSW.

The basis of the Evans' challenge to the Council's decision was that Maclean Shire Council had no power to grant consent to the development because, pursuant to State Environmental Planning Policy No. 71 - Coastal Protection (SEPP 71), the development was State significant and could only be determined by the Minister.

Justice Bignold found that the DA was properly characterised as State significant development within the meaning of SEPP 71 and that the Minister, not the Council, was the appropriate consent authority. Accordingly, the Court founf that the Council had no power to determine the DA and that the consent was void.

The decision strengthens the operation of SEPP 71 and clarifies the meaning of State significant development.

EDO NSW would like to thank Mr C Leggat and Mr A Maroya for their services as counsel in this matter.

Judgment Costs Order