Group Development Services Pty Limited v Baulkham Hills Shire Council [2004] NSWLEC 537

Group Development Services Pty Limited v Baulkham Hills Shire Council [2004] NSWLEC 537

The Plan did not validly authorise quarterly adjustment of contribution rates for land after commencement of the Plan without preparing a new plan. The wording of s 5.5 adjusted only the land component of a contribution condition amount after a consent had been imposed, from the time of consent to the time of payment, and any broader quarterly amendment would in any event have to comply with cl 32 of the Regulations. The Shire Plan land value estimates were not readily accessible index figures within cl 32(3)(b), because they were generated by a valuer for the Council's own plan-amendment process rather than being a publicly available, generally recognised index of market movements.

Jurisdiction
Australia
Judgment Date
24 September 2004
Procedural Posture
Appeal Against a Condition of Development Consent Requiring Monetary Contributions Pursuant to a S 94 Contributions Plan / Two Questions Referred for Determination by a Judge
Outcome
Both referred questions were answered no.
Legal Topics
['section 94 Contributions Plan' 'amendment of Contribution Rates Without Preparing a New Plan' 'readily Accessible Index Figures' 'adjustment of Land Component of Contribution']
['environmental Planning Law' 'development Contributions' 'land Valuation'] ['section 94 Contributions Plan' 'amendment of Contribution Rates Without Preparing a New Plan' 'readily Accessible Index Figures' 'adjustment of Land Component of Contribution']

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Procedural Posture

Appeal Against a Condition of Development Consent Requiring Monetary Contributions Pursuant to a S 94 Contributions Plan / Two Questions Referred for Determination by a Judge

Legal Issues

  1. 1 ['Whether the adjustment of the land component of a contribution imposed pursuant to Kellyville/Rouse Hill Contributions Plan No 8 in the manner set out in that Plan is authorised by s 94 of the Environmental Planning & Assessment Act 1979 and cl 32(3)(b) of the Environmental Planning and Assessment Regulation 2000 without the preparation of a new plan.' 'Whether the purported latest average land value estimates published in the Shire Plan are quarterly or annual variations to readily accessible index figures within the meaning of cl 32(3)(b) of the Regulations.']

Ratio Decidendi

The Plan did not validly authorise quarterly adjustment of contribution rates for land after commencement of the Plan without preparing a new plan. The wording of s 5.5 adjusted only the land component of a contribution condition amount after a consent had been imposed, from the time of consent to the time of payment, and any broader quarterly amendment would in any event have to comply with cl 32 of the Regulations. The Shire Plan land value estimates were not readily accessible index figures within cl 32(3)(b), because they were generated by a valuer for the Council's own plan-amendment process rather than being a publicly available, generally recognised index of market movements.

Court Disposition

Both referred questions were answered no.

Orders

  • ['The answer to question one is "no."' 'The answer to question two is "no."']