DIPNR

DIPNR, the Department of Infrastructure Planning and Natural Resources, controls the State Planning Instruments that apply to the ADI Site. DIPNR has worked closely with Lend Lease to ensure that they get the planning approvals they need.

Sydney Regional Environmental Plan 30 St Marys (SREP 30) and the Environmental Planning Strategy 2000 (EPS) are the Planning instruments developed by DIPNR which govern how the ADI Site is to be developed. DIPNR has carefully authored these documents in such a way to ensure a development outcome for Lend Lease.

The Planning Minister has opted to have a legal agreement drawn up to replace developer contributions required under Section 94 of the Environmental Planning and Assessment act 1979. The St Marys Development Agreement developed by Lend Lease and the States Lawyers was meant to clearly identify the rights and obligations of the parties in providing infrastructure and services yet somehow it appears to have been authored so that the State is locked into approving the development. Diane Beamer the former Assistant Planning Minister claimed if the State tried to stop the development by using its planning powers it would have reneged on the St Marys Development Agreement and therefore breached contract, meaning Lend Lease would have a right to sue the State, possibly for hundreds of $millions in lost profit.

One must wonder if the State has willingly tied itself up in legal red tape to ensure this development cannot be stopped.

Our legal advice also identifies how the ADI Site can be stopped without compensating Lend Lease.

See our legal advice on this matter.pdf 163kb

Sound file of Diane Beamer, Michael Egan and Bob Carr - Saving the Site? .wma 35kb