Gutteridge Haskins & Davey Pty Limited v Coffs Harbour City Council [1999] NSWLEC 112

Gutteridge Haskins & Davey Pty Limited v Coffs Harbour City Council [1999] NSWLEC 112

The council is not liable for the cost of the interchange works; the works are being funded, designed, and constructed entirely by the RTA. There is no legal or statutory obligation on the council to contribute or reimburse for these works. Therefore, a s94 contribution levied by the council in relation to such works is ultra vires and invalid, as it does not fall within the scope of s94(3) or the regulatory requirements.

Jurisdiction
Australia
Judgment Date
18 May 1999
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld
Legal Topics
['developer Contributions' 's94 Contributions' 'public Amenities' 'local Government Powers']
['planning Law' 'administrative Law'] ['developer Contributions' 's94 Contributions' 'public Amenities' 'local Government Powers']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether council can lawfully levy a s94 contribution for works not provided or funded by it under the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

The council is not liable for the cost of the interchange works; the works are being funded, designed, and constructed entirely by the RTA. There is no legal or statutory obligation on the council to contribute or reimburse for these works. Therefore, a s94 contribution levied by the council in relation to such works is ultra vires and invalid, as it does not fall within the scope of s94(3) or the regulatory requirements.

Court Disposition

appeal upheld

Orders

  • ['The appeal be upheld.' "The question of law—'Is it lawful for the Respondent to prepare a contribution plan pursuant to section 94AB of the Environmental Planning and Assessment Act, 1979 in respect of work not provided by it?'—is answered in the negative." 'Clause 7 of the Council consent of 7 May 1998 be...