Carrington Turramurra Two Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 1139

Carrington Turramurra Two Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 1139

Having reviewed Mr Brindle's advice in light of Meriton Apartments Pty Ltd v Ku-ring-gai Council [2006] NSWLEC 776, and with no remaining matters in dispute, the Court decided that the appeal should be upheld and the development consent modified accordingly.

Jurisdiction
Australia
Judgment Date
06 May 2009
Procedural Posture
Appeal Concerning Modification of Development Consent and Development Contributions / Consent Orders
Outcome
Appeal upheld by consent; development consent modified.
Legal Topics
['development Consent' 'modification Application' 'development Contributions' 'section 94 Contributions' 'consent Orders']
['planning and Environment Law'] ['development Consent' 'modification Application' 'development Contributions' 'section 94 Contributions' 'consent Orders']

Case Brief

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Procedural Posture

Appeal Concerning Modification of Development Consent and Development Contributions / Consent Orders

Legal Issues

  1. 1 ['Whether development consent No. 402/06 should be modified to reduce the contribution required by condition 56.' 'Whether the appeal from the deemed refusal of the s. 96 modification application should be upheld by consent.']

Ratio Decidendi

Having reviewed Mr Brindle's advice in light of Meriton Apartments Pty Ltd v Ku-ring-gai Council [2006] NSWLEC 776, and with no remaining matters in dispute, the Court decided that the appeal should be upheld and the development consent modified accordingly.

Court Disposition

Appeal upheld by consent; development consent modified.

Orders

  • ['The appeal is upheld.' 'Development consent No. 402/06 be modified by the deletion of condition 56 and in lieu thereof the substitution of a condition requiring a contribution for community facilities, recreation facilities, open space and administration, with the total contribution for 31 additional dwellings...