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ARTICLE · 01 APRIL 2016

Court invalidates development consent for failure to prepare a Species Impact Statement

Holding Redlich
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This case note highlights key features of the decision and implications for both the developers and consent authorities.

AustraliaReal Estate and Construction
Breellen Warry
Breellen Warry
Bianca Fernandes (Formerly With Holding Redlich)
Bianca Fernandes (Formerly With Holding Redlich)
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In its recent decision in Friends of Tumblebee Incorporated v ATB Morton Pty Limited (No 2) [2016] NSWLEC 16, the Land and Environment Court found a development consent to be invalid following the failure to prepare a Species Impact Statement in connection with a proposed development.  In this case note, we highlight key features of the decision and implications of the decision for developers and consent authorities alike.

The facts

ATB Morton Pty Limited (ATB) obtained development consent for the construction of an industrial warehouse on land in the Hunter Economic Zone (HEZ) including clearing of 3.2 hectares of potential habitat for the Regent Honeyeater (RH).  Friends of Tumblebee Incorporated (Tumblebee) commenced proceedings seeking to have the development consent declared invalid on the basis that the development application (DA) was not accompanied by a Species Impact Statement (SIS), as required under section 78A(8)(b) of the Environmental Planning and

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