 The respondent did not submit a Species Impact Statement, and the Timbarra Protection Coalition sought to rely upon this to invalidate the development consent.Talbot J who heard the Class 4 proceedings in the Land and Environment Court held that the decision of the Council to accept the application without a Species Impact Statement was not reviewable as it was not an error of jurisdictional fact and, accordingly, refused to admit evidence on the issue of "likely to significantly affect threatened species".The decision of Talbot J of the Land and Environment Court was appealed to the Court of Appeal.