Dean v Minister for Planning and Andros Australia Pty Limited

November 2007

EDO NSW represented Annika Dean, who argued that the Anvil Hill Coal Project, a large open cut coal mine approved under Part 3A of the Environmental Planning and Assessment Act 1979, should not have been approved by the Minister for Planning because the Musswellbrook Local Environmental Plan (LEP) wholly prohibited the development. The Land and Environment Court found that while some parts of the development were prohibited, other parts of the development were permitted under the LEP, and dismissed Ms Dean's application.

EDO NSW is grateful to Lucy McCallum SC and Chris McGrath of Counsel for their assistance in this matter.

Judgment - Order on costs