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ARTICLE · 18 SEPTEMBER 2007

Green Litigation – The New Wave

Minter Ellison
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The NSW Land and Environment Court recently rejected a last-ditch challenge to the $800 million re-development of the former CUB site on Sydney's CBD fringe.

AustraliaEnergy and Natural Resources

The NSW Land and Environment Court recently rejected a last-ditch challenge to the $800 million re-development of the former CUB site on Sydney's CBD fringe. The challenge, brought by Sydney law student Matthew Drake-Brockman, was jointly funded by the NSW Legal Aid and the Sydney City Council.

Mr Drake-Brockman instituted proceedings against the Planning Minister and the proponent, alleging that the development was not environmentally sustainable. He claimed procedural irregularities invalidated the environmental assessment, concept plan approval and future assessment determinations and that the Minister failed to take into account the principles of ecologically sustainable development in approving the re-development.

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