Drake-Brockman v Minister for Planning - EDO NSW

Drake-Brockman v Minister for Planning

August 2007

EDO NSW commenced proceedings in the Land and Environment Court on behalf of Mathew Drake-Brockman. The proceedings challenged the validity of the approval for re-development of the Carlton United Brewery site for 1600 residential apartments, commercial offices and retail premises.

The case challenged the application of Part 3A of the Environmental Planning and Assessment Act 1979 (NSW) (EP&A Act), which grants the Minister for Planning broad discretion to approve major projects of State significance. It was argued that the Minister failed to properly consider the principles of Ecological Sustainable Development (ESD) when approving the site. Judgment was handed down on 13 August 2007 in favour of the Minister for Planning. In her decision, Jagot J held that the Director-General had paid more than mere lip service to the principles of ESD, and had satisfactorily considered all necessary matters consistent with the requirements of the EP&A Act.

EDO NSW would like to thank Mr F Douglas and Mr J Lazarus who acted as counsel for the applicant in this matter.

Case Summary Judgment