Sydney Cricket Ground Redevelopment: A Law Case Study Analysis

This case study examines the Sydney Cricket Ground (SCG) redevelopment project, focusing on the legal and environmental challenges it presents. The analysis begins with Phase 1, where the project's zoning and potential classifications as a Regionally or State Significant Development are discussed, along with the implications for consent authorities. The study then moves on to Phase 2, exploring the Environmental Impact Statement (EIS) process and the requirements for State Significant Development applications, including the role of the Secretary and the public consultation process. Finally, Phase 3 delves into the potential breaches of environmental law, particularly concerning public consultation and climate change considerations, highlighting the importance of adapting stadium designs to address extreme heat and incorporating strategies like those used in the Margret Court Arena. The case study emphasizes the importance of adhering to the Environmental Planning and Assessment Act 1979 and considering the impact of climate change on stadium design and the well-being of spectators and players.

Running Head: Sydney Cricket Ground
Sydney Cricket Ground
System04128

Sydney Cricket Ground
Table of Contents
Introduction................................................................................................................................2
Phase 1.......................................................................................................................................2
Design innovation...................................................................................................................4
Phase 2.......................................................................................................................................5
Draft........................................................................................................................................6
Phase 3.......................................................................................................................................8
Costs.......................................................................................................................................9
Conclusion................................................................................................................................10
Bibliography.............................................................................................................................11
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Introduction
The Northern Stand redevelopment is the principal venture of the all-inclusive strategy being
created by the Sydney Cricket and Sports Ground Trust and the second phase of the SCG
redevelopment. The plan fortifies and revives the revered conventions and character of the
world well known SCG. It supplements its inheritance and legacy, while in the meantime
exhibiting the following development of stadia plan in Australia, which is being characterized
by the changing state of the game. The new Stand suits 13,360 seats and conveys phenomenal
offices for Members Corporate and open speciation, including all parts of the experience
from a fantastic section through to improved seating zones and nourishment and drink. It
likewise enhances the present global cricket offices gave, just as new ground support and
change room offices and fuses another best in class media focus and the biggest video
scoreboard in the Southern side of the equator1.
The strategy choice will alter the live game and amusement involvement in our city, pulling
in new occasions and making our recent developments by far superior.
In current and latest structure, there can never be sufficient seats for wheelchair clients,
female washrooms, crisis leave entryways and innumerable different things to make it
consistent with current gauges and desires. To retrofit is as costly as a reconstruct and to
continue working it, without significant capital speculation, is reckless in the extraordinary.
Phase 1
Infrastructure NSW will do the redevelopment of Sydney Cricket Ground. They want to
follow the same process as they used in demolition and redevelopment of Allianz Stadium.
For demolition and establishment of Sydney Cricket Ground, they will be following the
process used in the reestablishment of Allianz Stadium. The first thing they must do is to take
the permission from Public Works Committee, New South Wales. In first stage of Phase 1,
there will be concept-developing application for redevelopment of Sydney Cricket Ground. It
will include-
 The raw material and tools which will be used in the construction of new stadium will
be of best quality,
 Seating capacity will be increased to 60,000 (currently it is 46,000),
1 Sydney Cricket Ground Redevelopment, COX (2019) <https://www.coxarchitecture.com.au/project/sydney-
cricket-ground-redevelopment/>
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 Basement will be bigger so that all the vehicle which are parked outside during the
matches will be parking inside the basement which will lead to less traffic congestion,
 A roof will be constructed all over the stadium so that the rain will not interrupted the
matches,
 Different areas will be setup: premium box, corporate lounges, member areas, VIP
areas,
 Better flood lightening, video screens and other fittings,
 Team area, facilities for media and administration, drinks and food area,
 3 new playing pitches and 10 practice pitches,
 Demolition of current stadium to the ground level
State Significant Development project means a project is of significance at the state level due
to its value, extent and the Minister is the consent authority2. The reconstruction of the
Sydney Cricket Ground the part of state significant development with the investment of 186
million dollars.
The second stage development application for the Sydney Cricket Ground will include-
 New four level stand for better spectator view and atmosphere
 Latest facilities
 Seats will be near to the playing field
 No obstruction views
 Largest video screen in any Australian sports ground
 Improved corporate, media, corporate and player facilities
 Superior interior bar and dining premises
 Roof terrace3
The main purpose of The Environmental Planning and Assessment Act, 1979 (NSW) is “to
promote the confidence in state’s planning system”. The objectives that helps in achieving the
primary purpose are-
1. Increase of community participation
2 Environmental Planning and Assessment Act 1979 s 4.5
3 Sydney Cricket Ground Redevelopment, Austadiums, (2009)
<https://www.austadiums.com/stadiums/stadiums_redevelopment.php?id=113>
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2. Promotion of strategic planning
3. Enhancement of accountability in decision making
4. Promotion of easy and swift processes for every member4
Another objective of the act is to manage cultural and built heritage sustainably.
Design innovation
The steel structure utilizes 100% Australian steel and was planned and inspected in 3D,
sparing time and empowering the selection of Building Information Modeling (BIM)
innovation for activity and support. Itemized displaying and dynamic examination of the
cantilevered seating columns guaranteed reasonableness for blended utilizations, from games
to real shows5. The steel composite plan of the chamber spared development time and is
featured as an engineering highlight in the completed fit-out. Here a coordinated plan
conveyed ideal flame assurance execution for the structure, while saving the uncovered steel
as proposed by the designer. Itemized fire security demonstrating was utilized to enhance the
departure frameworks and distinguish squeeze focuses, especially where joining with existing
structures was required. This focused on plan adjustments and upgrade comprehension of
how best to oversee safe group development. Another underground cellar houses support
workshops, player offices, business kitchens and a devoted media space for post-game
meetings. Advancing the size and format of the storm cellar has empowered telecom vans to
be migrated underground, improving passer-by openness to the arena region and
encompasses. To diminish the danger of intermittent flooding at the arena, an enormous on
location confinement tank will keep and gradually discharge storm water amid substantial
precipitation6.
The Environmental Planning and Assessment Act 19797 and the Local Government Act
19938 set out the necessities for proposed improvement to restrain impacts on the earth,
neighbours, traffic and legacy, and give chances to open contribution to the moulding of the
4 Todd Neal, Katherine Edwards, Anthony Landro & Sejuti Kundu, Changes to the Environmental Planning and
Assessment Act 1979 (NSW) to be implemented soon, Mondaq, (5 February 2018)<
http://www.mondaq.com/australia/x/670320/Building+Construction/Changes+to+the+Environmental+Plannin
g+and+Assessment+Act+1979+NSW+to+be+implemented+soon>
5 Designing and Building Better with BIM, Autodesk, (2019) <https://www.autodesk.com/solutions/bim>
6 A look into the redevelopment of Australia’s iconic SCG, Electrical Comms Data, (25 Jun 2015)
<https://www.ecdonline.com.au/content/electrical-distribution/case-study/a-look-into-the-redevelopment-of-
australia-39-s-iconic-scg-1109367298#axzz5odovlXrC>
7 Environmental Planning and Assessment Act 1979
8 Local Government Act 1993
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fabricated condition. These Acts guarantee that individuals living neighbouring a proposed
advancement will think about it before it is endorsed and can have their worries thought
about by chiefs. Considerably littler improvements that get endorsed by private certifiers
should be reasonable in a nearby natural arrangement.
Environmental Planning and Assessment Act 1979 do not control Sydney Cricket Ground.
The decision regarding the planning are taken by the Sports Minister. There is no transparent
environmental assessment. The people who are living in nearby areas of the ground are not
informed about the alteration and the development. They are not provided with any
environmental impact assessment and they not given any opportunity to contribute to the
development. Moreover, whenever there is any new construction of the stadium then they are
not even informed9. Division 4.1 provides that if the development does not need any consent
then the person can continue with the development according to the law on the premise where
the provision is applicable10.
The Sydney Cricket Ground is a private development for State Significant Development so
the consent authority is Independent Planning Commission under Division 4.2 of
Environment Planning and Assessment Act 197911. The Minister delegates it.
Before giving the consent, the IPC should take into consideration the scores of Environmental
Performance Index, the regulatory frameworks and the impact of economic, social and
environmental issue of the project12.
Phase 2
Environmental Impact Statement (EIS) is a report that guarantees that significant assent
specialist amid the improvement endorsement process assesses the impacts of specific
exercises that may have critical natural effect. The use of land zone regarded in the EIS may
stretch out past proposed premise, especially where aggregate or proceeding with impacts are
normal13. At the point when an EIS prerequisite is activated by a State Significant
Development improvement application, the significant assent specialist must not allow
endorsement except if it has first gotten an important EIS arranged in the right structure and
conveyed in the right way14. To begin, for SSD application from secretary should be asked by
9 Sydney Cricket and Sports Ground Amendment (Redevelopment Assessment) Bill 2016
10 Environmental Planning and Assessment Act 1979 Division 4.1
11 Ibid Division 4.2
12 Ibid s.4.15
13 Chris McGrath, The Flying Fox Case <http://envlaw.com.au/wp-content/uploads/Flying-Fox-Case.pdf>
14 Environmental Planning and Assessment Act 1979 s 5.7
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a defender for SEARs15, in affirming structure. Accepting that the Department includes
decided inside its carefulness that venture can be classified as SSD and subsequently chosen
to offer SEARs. It must counsel with significant open experts in setting them up before they
are given to defender.
When the SEAR is received, the defender should now set up an EIS which meets their
educational necessities. Past the venture explicit necessities of SEARs, the more extensive
normal substance important to each EIS is recorded in Regulations. The EIS should
incorporate a framework of the advancement’s destinations, an investigation of possible
choices, and a depiction of the earth being referred to recognizing those viewpoints prone to
be altogether influenced, any decided relief measures and reasons defending the improvement
communicated concerning ESD standards. The advocate at that point presents the EIS to
Department16. Accepting that it is tasteful in structure, open notice of the EIS's
accommodation pursues, after that Department will freely display the EIS and offers open
door for open entries. The advocate at that point presents a ‘Response to Submissions’ and
offers any minute adjustments; any huge changes should be resubmitted initially.
The task may then shift to its assent appraisal. In settling on its choice, the assent expert may
practice its prudence by supporting, or forcing conditions will wipe out or lessen any
impeding consequences for the earth or undermined species, populaces or natural networks or
environments, or disliking the movement totally.
Draft
The authority who gives the consent has the duty of taking into consideration to the widest
reasonable stretch possible. Every matter is supposedly to affect the environment by reason of
a proposed development. The Sydney City Climate Action’s main issue is that if there is any
breach in the matters and issues mentioned in the EIS can lead to illegality of the project.
Therefore, we would like to draw your attention towards the procedure of climate change that
can exacerbate urban heatwaves and what are the policies of development.
Infrastructure NSW should take into the consideration the conditions in the summer. The
summers of Australia are becoming more prone to high and extreme heat conditions.
15 Ibid schedule 2
16 Ibid clause 84
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Therefore, to tackle the problem of extreme heat the government should allow to construct
the stadiums which are adaptable to the climate. In the ongoing test coordinate among
Australia and England in which the temperature went to 57 degree Celsius and in Australian
Open there were numerous occurrences where the players and the onlookers were
experiencing outrageous warmth17. The Climate Council discharged a report in 2006 that
talked about the subtleties of the effect of extraordinary warmth on human wellbeing. It is
prescribed that heat adjustment strategies ought to be incorporated into planning of the
structures.
Infrastructure NSW should investigate the arrangements actualized by Margret Court Arena
in 2015 where it got Leadership in Energy and Environmental Design (LEED) Gold
Certification.
LEED confirmation gives a system to quantify manageability through the structure,
development and activity of a structure via its life cycle. It is accomplished by boosting
decreases in vitality, water and building infrastructure utilization, while in the meantime
improving the wellbeing of tenants. So as to oversee heatwaves the arena update incorporated
a retractable rooftop, permitting cooling and lighting to be decreased, and intelligent rooftop
covering over 70% of the sun’s warmth. A bigger open area that gives extra shade and indoor
territories was incorporated into Rod Laver Arena to support tennis onlookers and the general
population who are going to the shows.
The ongoing Ashes Test matches and current Australian Open are distinct updates that
endorsements for arena configuration need to take into account the connection among
environmental change adjustment and outrageous warmth. On the off chance that the LEED
accreditation neglects to accommodate human wellbeing it is occupant on government to
demand that more is accomplished for the benefits of observers. Environmental change can
keep on expanding the dangers from extraordinary warmth to levels not recently experienced.
The structure of our donning arenas must oversee extreme heat with welfare of the two
players and observers as a primary concern as temperatures keep on ascending later on18.
17 We need to climate proof our sports stadiums, The Conversation, (17 January 2018)
<https://theconversation.com/we-need-to-climate-proof-our-sports-stadiums-90020>
18 ibid
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Phase 3
Division 9.45 of Environment Planning and Assessment Act provides that “any person may
bring an action for the breach of any provision of the act. It is not necessary that the person’s
rights have been infringed or not”19. The Infrastructure NSW should have complied with
sections of Environmental Planning and Assessment Act, 1979.
There is clear breach of Division 6.1 of Environmental Planning and Assessment Act 1979
and Regulation 2000. Moreover, there was insufficient public consultation for the demolition
and it is not even fulfilling the requirements of design and the instruments used in the
reconstruction of the stadium20.
There is need for the implementation of the structure which can adapt the change of climate.
If there is demolition and then reconstruction of the stadium with in investment of large
amount of money then it is necessary that they should take care of the main issues it is
dealing with. The issue of extreme heat is the primary reason that most of the stadiums in
Australia and implementing the latest methods and designs that can help in solving the issue
of heat. Many incident of spectators and players getting exhausted from the extreme heat has
been the major challenge faced by the authority. Brand new design of the stadium with
adaption to the heat issue will be a satisfactory step in investment of millions of dollars. The
redevelopment is not only focused on the stadium and on the structure but on the community
also. The people living nearby to the stadium should have been told about the decision taken
to demolition because it can lead to destruction of their property as well. After the
consultation and recommendation by the local residents, the Infrastructure NSW should have
worked on and implemented the idea of design which can help in the reduction of
environmental problems.
The Sydney Cricket Ground is situated next door to the Allianz Stadium (also known as the
Sydney Football Stadium). Construction on the redevelopment of Allianz Stadium was
started after the decision of the court in Local Democracy Matters Incorporated v
Infrastructure NSW; Waverley Council v Infrastructure21.
19 Environmental Planning and Assessment Act 1979, s 9.45
20 Megan Gorrey, Allianz Stadium demolition to go ahead after NSW government wins court battle, The Sydney
Morning Herald, (6 March 2019)< https://www.smh.com.au/national/nsw/allianz-stadium-demolition-to-go-
ahead-after-nsw-government-wins-court-battle-20190306-p5123g.html>
21 NSW [2019] NSWLEC 20
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Costs
Expenses in Class 4 procedures ordinarily pursue the occasion, as per standard common
procedural principles22. Nevertheless, the LEC has wide costs assurance prudence23 and has
circumspection to make rules respects costs grants24. In the purview of these guidelines, LEC
might choose to avoid to make a costs request against a fruitless gathering where it is fulfilled
that activity was acquired open intrigue.
LEC rules do not indicate any open intrigue system so they are having a custom-based law
determination. To set up open enthusiasm for the motivations behind refuting a costs request,
a fruitless candidate must embrace a three-stage process – first, they should portray the
activity as being in this way, at that point also show that the activity had a quality past
unimportant open intrigue fundamentally, lastly represent any countervailing conditions.
While recognizing the particular quality that moves the activity past minor open intrigue, five
basic classes of value are shown. These are an oddity of issues tended to, in the case of
propelling the case made material commitment to creating or elucidating the law. The overall
centrality of the secured condition concerned regardless of whether the prosecution has an
incentive to a critical area of general society, and the absence of candidate’s monetary
benefit; countervailing contemplations are not a confined classification. Both of the proposed
cases considered here would be acquired the open intrigue. Absolutely, The Sydney City
Climate Action Community is looking to safeguard normal environment esteems from an
open intrigue viewpoint. While seeking after the improvement can likewise itself be acting in
the open intrigue, such intrigue should not be restrictive.
Seeking after case two would almost certainly observe requests without costs. While this is
definitely not a novel sort of improvement thought, running this case will have “contributed,
in a material way, to the correct getting, advancement or organization of the law” in respects
use of the new design to handle the extreme heat issue. In any event, both environmental
change and the protection of resident are important. The natural hugeness is set up, given the
effect of demolition on the local residents. Additional proof of open inclusion in protecting
this region as important surroundings would be influential. No oppressing contemplations are
evident and no different clear oppressing thought emerges on the certainties.
22 Uniform Civil Procedure Rules, Reg 42.1
23 Civil Procedure Act 2005, s 98
24 Land and Environment Court Act 1979, s 74
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Nonetheless, guarantee one would almost certainly bring about a costs request, thus ought to
be relinquished. While the natural centrality is again incredible and there is again no increase
for The Sydney City Climate Action Community. The activity of cut out watchfulness in
manyfold-segment SSD applications is commonly comprehended and the case raises no
exceptional issues with respect to it. While the more extensive certainties include the new
redevelopment arrangements, this specific case does not address them. There is a solid
opposing thought, provided that because of the genuinely clear task of the cut out prudence at
law, the candidate would be preposterously seeking after focuses which were not prominently
questionable.
Conclusion
Infrastructure NSW intends to follow the process used in reconstruction of Sydney Football
Ground. They have to use all the techniques and designs used in the construction of the said
stadium. The new Stand suits 13,360 seats and conveys brilliant offices for Members
Corporate and open speciation, including all parts of the experience from a fantastic passage
through to improved seating territories and sustenance and refreshment. The demolition and
construction work according to the prescribed system. They should keep in mind the
environmental aspect. The main reason of construction of new stadium is to provide facilities
which tackle the problem of extreme heat which include roof covering entire ground,
basement parking, sun rays reflective roofs and others. They should also consider people’s
thinking.
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Bibliography
A. Cases
Local Democracy Matters Incorporated v Infrastructure NSW; Waverley Council v
Infrastructure NSW [2019] NSWLEC 20
B. Legislations
Uniform Civil Procedure Rules, Reg 42.1
Civil Procedure Act 2005, s 98
Land and Environment Court Act 1979
Environmental Planning and Assessment Act 1979
Sydney Cricket and Sports Ground Amendment (Redevelopment Assessment) Bill
2016
Local Government Act 1993
C. Others
Sydney Cricket Ground Redevelopment, COX (2019)
<https://www.coxarchitecture.com.au/project/sydney-cricket-ground-redevelopment/>
Sydney Cricket Ground Redevelopment, Austadiums, (2009)
<https://www.austadiums.com/stadiums/stadiums_redevelopment.php?id=113>
Designing and Building Better with BIM, Autodesk, (2019)
<https://www.autodesk.com/solutions/bim>
A look into the redevelopment of Australia’s iconic SCG, Electrical Comms Data, (25
Jun 2015) <https://www.ecdonline.com.au/content/electrical-distribution/case-study/
a-look-into-the-redevelopment-of-australia-39-s-iconic-scg-
1109367298#axzz5odovlXrC>
We need to climate proof our sports stadiums, The Conversation, (17 January 2018)
<https://theconversation.com/we-need-to-climate-proof-our-sports-stadiums-90020
Neal T, Edwards K, Landro A and Kundu S, Changes to the Environmental Planning
and Assessment Act 1979 (NSW) to be implemented soon, Mondaq, (5 February 2018)
<http://www.mondaq.com/australia/x/670320/Building+Construction/Changes+to+the+Envir
onmental+Planning+and+Assessment+Act+1979+NSW+to+be+implemented+soon>
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