EDO Success Will Help Ensure that Coastal Planning Policy is Upheld

Sydney, September 17, 2004: The EDO has successfully challenged the proposed expansion of a caravan park and the construction of an on-site sewage treatment system on Palmers Island on the north coast of NSW.

On September 9 September 2004 the Land and Environment Court found in favour of our clients, Robert and Sandra Evans.

The basis for the challenge was that Maclean Shire Council had contravened State Environmental Planning Policy No. 71 - Coastal Protection. This policy aims to protect the coastal environment from inappropriate development and identifies state significant development in the coastal zone.

The policy states that ‘tourist facility’ developments in the coastal zone are state significant and that proposals for this type of development are to be referred to the Minister for Infrastructure and Planning for development consent.

Justice Bignold found that the development was properly characterised as a tourist facility and that the Minister, not the council, was the relevant consent authority. The council had no power to approve the development and the consent was therefore void.

Sandra Evans was delighted with the outcome of the case, saying, ”the coast is so precious, we want to ensure that it is protected for future generations”.

The decision strengthens the operation of State Environmental Planning Policy No. 71 - Coastal Protection and clarifies the meaning of state significant development.

Full judgment