Last chance to get right to the point

Jill Walker, second from right, has been leading the campaign. Photo: ROB HOMER

"Absolute power held by one person is unjust, undemocratic."

The fight to save Sandon Point on the South Coast of NSW is making its way to the High Court of Australia. Jill Walker, local resident and activist,has been campaigning against the $250 million plan to build homes on the site for over seven years.

In November 2007, the Land and Environment Court found former planning minister Frank Sartor failed to take into account the impacts of climate change and ecologically sustainable development (ESD) when he approved the concept plan for Sandon Point.

The decision was overturned last month by the Court of Appeal. Last week, the Environmental Defenders’ Office filed an application for leave to appeal in the High Court.

EDO solicitor Felicity Millner said the court erred in its judgment and the minister had to consider ESD when making determinations about concept plans.

‘‘ESD is such a broad concept. In terms of requiring a decision maker to take into account the long-term impacts of development, it extends beyond just flooding impacts.’’

Ms Millner conceded that not many matters got special leave to appeal to the High Court and it was Ms Walker’s final chance to block the development.

‘‘We might not get leave. That’s the end of the line for us,’’ she said.

NSW Planning Minister Kristina Keneally, along with Sandon Point proponents Stockland and Anglican Retirement Villages, are to make submissions to the High Court regarding the appeal.

The development was approved by Mr Sartor under his Part 3A ‘‘call-in’’ powers in the Environmental Planning and Assessment Act.

‘‘Absolute power held by one person is unjust, undemocratic and contrary to the public interest,’’ Ms Walker said.

A spokesman for Ms Keneally declined to comment on the issue as it is subject to legal action. But he confirmed the initial court papers were received last week and more detail would come in November.