Broken Head Coastal Foundation Pty Ltd v Byron Shire Council [No. 2] [2004] NSWLEC 279

Broken Head Coastal Foundation Pty Ltd v Byron Shire Council [No. 2] [2004] NSWLEC 279

In the circumstances, and given that no evidence was put forward at hearing as to whether contributions could be legitimately levied under section 94, nor was the plan tendered, it would not be reasonable to levy additional section 94 contributions in this section 96 modification application.

Jurisdiction
Australia
Judgment Date
17 May 2004
Procedural Posture
Modification Application/appeal / Final Orders Following Judgment
Outcome
Modification of development consent granted with orders as set out; no additional section 94 contributions to be levied.
Legal Topics
['development Consent' 'section 94 Contributions' 'section 96 Modification' 'reasonableness of Development Contributions']
['planning and Environment Law'] ['development Consent' 'section 94 Contributions' 'section 96 Modification' 'reasonableness of Development Contributions']

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Procedural Posture

Modification Application/appeal / Final Orders Following Judgment

Legal Issues

  1. 1 ['Whether section 94 contributions can be levied in respect of a section 96 modification application' 'Whether the levying of further contributions is reasonable in the circumstances']

Ratio Decidendi

In the circumstances, and given that no evidence was put forward at hearing as to whether contributions could be legitimately levied under section 94, nor was the plan tendered, it would not be reasonable to levy additional section 94 contributions in this section 96 modification application.

Court Disposition

Modification of development consent granted with orders as set out; no additional section 94 contributions to be levied.

Orders

  • ['The development consent granted on 8 December 1998 for a private education facility on lots 2 and 5 DP 729112 at 951 Broken Head Rd, Broken Head, as previously modified, is further modified by replacing Annexure A (as modified) with Annexure A dated 17 May 2004.' 'Exhibits N2, N14, NA, NC, NJ, NN, NR and NS to be...