Not Strictly Mandatory To Consider ESD Principles

Last week the New South Wales Court of Appeal, in the decision of Minister for Planning v Walker [2008], ruled that it was not a mandatory condition for the granting of development approval that the Minister for Planning (the Minister) consider principles of ecologically sustainable development (ESD).

The leading judgment provided that whilst consideration of ESD was not a prerequisite for a valid approval for the application, it will be necessary for the Minister to make decisions in the public interest. Those involved in assessing planning and development proposals must, in each and every case, ensure that consideration is given to public interest factors. Inadequate consideration of the public interest will render a decision void.