What has happened?
In Levi Investments 17 Pty Limited v Minister for Planning and Public Spaces [2026] NSWLEC 88, the Land and Environment Court dismissed a challenge to the Minister's decision to declare a proposed shop-top housing development in North Sydney to be State significant development (SSD), following a recommendation of the Housing Delivery Authority (HDA).
Context
The HDA was established in December 2024 to fast-track major housing proposals. Proponents lodge an expression of interest, which the HDA assesses against its published "SSD Criteria". The HDA then recommends to the Minister which proposals should be declared SSD under s 4.36(3) of the Environmental Planning and Assessment Act 1979.
In October 2025, the HDA considered 43 applications. The Minister then made an order declaring 18 proposals to be SSD, including a shop-top housing proposal at 271–273 Alfred Street, North Sydney.
The applicant argued that the declaration was legally unreasonable. It said that the Minister relied on a summary assessment, failed to make obvious inquiries, and that the proposal did not genuinely meet criteria such as a demonstrated capability to commence quickly.
The decision
Justice Robson rejected all five grounds:
The Minister has a broad discretion under s 4.36(3) and was entitled to rely on the advice of the HDA and the Department.
Nothing required the Minister or the HDA to inquire beyond the information in the proponent's expression of interest.
The SSD Criteria are non-statutory guidance. The validity of the Minister's decision does not depend on whether the criteria were "correctly" interpreted, and in any event there was no misapplication.
The proceedings were dismissed, with the applicant ordered to pay the proponents' costs.
How will this affect you?
Declarations made through the HDA pathway will be difficult to challenge, given the breadth of the Minister's discretion.
Objectors and neighbours are likely to have more influence during the later assessment of the SSD application than in challenging the declaration itself.
For proponents, a well-prepared expression of interest that addresses each of the HDA's criteria remains the key to entering the pathway.
Further information
For further information please contact Darren Bick, Director, on +61 416 167 556 or darren.bick@bicksteele.com.au.