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Court updates

Since 2000, the Stockland proposal and the NSW Planning department have been challenged in court by the local community.

Cases came before the Land and Environment Court in 2000, 2001, 2002, 2005, 2007, and State Supreme Court in 2008.

New Court Case
Kennedy/SPATE
Land and Environment Court of New South Wales
Friday, 5 March 2010

Today Dootch Kennedy and Sandon Point Aboriginal Tent Embassy commenced proceedings in the Land and Environment Court to defend Aboriginal heritage against Planning and Stockland's approval. Aboriginal heritage is alive and well at Sandon Point and worth fighting for!

There will be a future court hearing and meanwhile will everyone please pitch in to help SPATE in any way you can? We need media publicity, fliers or information leaflets, legal advice, and fundraising for a barrister.

The struggle for Sandon Point continues.

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Environmental Defenders Office case notes
Jill Walker v the Minister for Planning & Ors (LEC Proceedings No. 40240 of 2007-08-28)
Land and Environment Court of New South Wales
Friday, 24 October 2008

The EDO assisted Jill Walker, a local resident, in a successful Land and Environment Court challenge to a Concept Plan approval of a development at Sandon Point.

The proposed development was for up to 285 homes and an aged care facility to be built on flood-prone coastal land.

It was argued that the Minister failed to take into consideration the recommendations and findings of a Commission of Inquiry report, and that the Minister failed to apply the principles of ecologically sustainable development (ESD) when deciding to approve the proposal.

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Walker v Minister for Planning
NSWLEC 741
Land and Environment Court of New South Wales
Tuesday, 27 November 2007

The applicant alleged that the Minister, when granting concept plan approval, had failed to consider the principles of ecologically sustainable development (“ESD”) because he had not considered whether the flood risk on the site would be exacerbated
by climate change, had not obtained up-to-date mapping of endangered ecological communities, and had not carried out further investigations into a possible “women’s area” on the site. ESD is described in s. 6(2) of the Protection of the Environment

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