ARTICLE · 08 SEPTEMBER 2009

Ministerial Approval Of Lower Hunter Region Development Affected By ´Favourable Disposition´

Norton Rose Fulbright Australia

The decision highlights the need for administrative decision makers to be impartial in their planning decisions and sets boundaries on the appropriate role of the Minister for Planning in land swap negotiations in circumstances where there is a planning application in contemplation.

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Article by Felicity Rourke and Rebecca Pleming

On 31 August 2009 the Land and Environment Court held that Part 3A approvals granted by the former Minister for Planning (Former Minister) in relation to the development of land in the Lower Hunter Region of New South Wales were affected by a reasonable apprehension of bias¹. In reaching the decision, the Court described the Former Minister as seeming to be "enamoured with the whole proposal of a land-bribe in exchange for rezoning and associated development".

In declaring the approvals in relation to Catherine Hill Bay and Gwandalan to be void and of no effect, Justice Lloyd held that a Memorandum of Understanding (MOU) and a Deed of Agreement (Deed) entered into by the Former Minister and developers were impermissibly taken into account as part of the decision making process and reflected both a favourable disposition and a solemn commitment by the Former Minister to the development from a point in time when the

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Ministerial Approval Of Lower Hunter Region Development Affected By ´Favourable Disposition´

Article by Felicity Rourke and Rebecca Pleming

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