Part 3A Tested in Land & Environment Court by EDO

The way in which Part 3A of the EP&A Act was used to approve controversial residential developments in the Hunter, is being tested by The Environmental Defenders Office. Developments at Catherine Hill Bay (Lake Macquarie LGA) and nearby Gwandalan (Wyong LGA) , as well as the large Huntlee development straddling parts of Singleton and Cessnock LGAs near Branxton.

Reports are that there is merit in the argument against the development approval process and that they may be deemed illegal.  I understand that the basis for this is that agreements had been made between the Minister and the Developers as to certain outcomes prior to consideration of planning merit.

I have previously discussed this matter with Frank Sartor and indicated that I believed he had made the wrong call to sign an MOU at Catherine Hill Bay to give a certain number of lots (around 600) in exchange for land dedication to the State, prior to a proper assessment.  Surely the desire to have the land dedication fettered the ability to objectively consider other issues. This seems to be the argument being put forward by the EDO.  Let me say I can understand at face value why the former Planning Minister would have thought the outcome desirable.  In land area terms there is a substantially larger portion being transferred to the public at no cost than is going to be developed.  That however is not a consideration in planning merit terms.