Cranky Rock Road appeal dismissed

Environmental assessment setback exposes statutory weakness

Sydney, 5th December 2006: The Court of Appeal has today dismissed an appeal against the decision of the Land and Environment Court in Cranky Rock Road Action Group v Cowra Shire Council. The EDO is acting for the Cranky Rock Road Action Group.

The key question was whether or not the absence of a Statement of Environmental Effects (SEE) renders a development consent invalid. Cowra Shire Council approved a rural residential sub-division without an SEE, a decision that was upheld by the Land and Environment Court.

The Environmental Planning and Assessment Regulations require every development application to be lodged with either an SEE or, for more high risk developments, an Environmental Impact Statement.

The Minister for Planning was granted leave to join the proceedings, and joined the EDO in arguing that the consent should be ruled invalid.

EDO Senior Solicitor Ms Josie Walker today said:

“The EDO is concerned that this decision could see environmental assessment considered optional for many developments.

“ For the vast majority of development applications, the SEE is the only information about environmental impacts which a consent authority has before it when making its decision. 

“An SEE also enables the community to understand and comment on the potential impacts of the proposal. 

“ If Councils can decide to approve a development application without an SEE, there is a danger of potentially serious environmental impacts being overlooked.

“The NSW government must now seriously consider amending the Act and Regulation to make it clear that an SEE is not optional.”

For more information contact: Ms Josie Walker 0425 228 278