Matthew
Drake-Brockman, inspired by a victory last year by Peter Gray, a Newcastle student, has
lodged documents calling for a judicial review of the methods of the Planning
Minister, Frank Sartor, in approving a large CBD redevelopment.
Mr Sartor
has approved a concept plan to build 11 towers on the Carlton & United
Brewery site, near Central station.
The towers
would include 1666 dwellings and 90,000 square metres of commercial and retail
space.
Mr
Drake-Brockman, of Darlinghurst, says Mr Sartor did not take into account the
ecological sustainability of the development. He predicted a “tide of
litigation in terms of large developments” being approved by the
government if he succeeded.
“We
are not contesting the actual development; it’s just the way it’s managed. It
should have water tanks; it doesn’t,” Mr Drake-Brockman said.
While the
Department of Planning says CUB has a long list of environmental credentials,
Mr Drake-Brockman says planning controls should include facilities such as
water tanks to ensure new buildings do not drain precious energy and water.
He expects
to find out this week whether he will be granted legal aid and therefore be
indemnified for costs.
Late last
year Mr Gray won a case against Mr Sartor over the approval process for
Centennial Coal’s proposed mine at Anvill Hill, near Musswellbrook. Mr Gray
convinced the court the planning minister needed to take into account the
impact of the coal once it had left the mine and was used as a fossil fuel.
That case
appears to have set a precedent. A spokesman for the Department of Planning
confirmed to the Herald that since the Anvil Hill decision, coal mine projects
were all required to consider their greenhouse gas impacts.
In the case
of the CUB site, Mr Drake-Brockman argues the development would contribute to
greenhouse gases by increasing demand for coal-fired power station electricity
to enable heating, cooling, cooking and lighting. According to calculations by
his supporter the Greens deputy mayor of Sydney,
Chris Harris, the project would consume 1.2 billion litres of water a year.
A spokesman
for the Department of Planning said: “The CUB development site meets high
contemporary standards of sustainability” because it complied with the
green building code BASIX and because the department had rejected an
application for an extra car park.