Lismore City Council v Richmond Valley Council & Anor [2003] NSWLEC 295

Lismore City Council v Richmond Valley Council & Anor [2003] NSWLEC 295

Because Broadwater Road was already substandard, it would be unreasonable to require the proponent to meet the full cost of upgrading it. A reasonable condition was one that reflected the proportion of future traffic attributable to the co-generation plant. On the traffic evidence, the plant would account for about 18.16 per cent of total future traffic along Broadwater Road, rounded to 18 per cent. A condition requiring payment of 18 per cent of the upgrade costs therefore had a planning purpose, fairly and reasonably related to the development and was not unreasonable.

Jurisdiction
Australia
Judgment Date
18 November 2003
Procedural Posture
Development Application Appeal Concerning a Condition of Development Consent / Judgment on Appeal Against Failure to Include a Condition Requiring a Monetary Contribution
Outcome
Appeal allowed.
Legal Topics
['monetary Contribution Condition' 'reasonableness of Development Consent Conditions' 'road Upgrading in Neighbouring Local Government Area' 'environmental Planning and Assessment Act 1979 Ss 79 C, 80 a, 94 and 98']
['planning and Environment Law' 'development Consent' 'local Government Infrastructure Contributions'] ['monetary Contribution Condition' 'reasonableness of Development Consent Conditions' 'road Upgrading in Neighbouring Local Government Area' 'environmental Planning and Assessment Act 1979 Ss 79 C, 80 A, 94 and 98']

Case Brief

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Procedural Posture

Development Application Appeal Concerning a Condition of Development Consent / Judgment on Appeal Against Failure to Include a Condition Requiring a Monetary Contribution

Legal Issues

  1. 1 ["Whether a condition could be imposed requiring the proponent to make a monetary contribution for upgrading portions of Broadwater Road within Lismore City Council's local government area." 'Whether s 94 of the Environmental Planning and Assessment Act 1979 applied to contributions to a neighbouring local government area, or whether the power arose under s 80A(1)(a) and s 80A(1)(f).' 'What contribution by the proponent towards the required road works would be reasonable.']

Ratio Decidendi

Because Broadwater Road was already substandard, it would be unreasonable to require the proponent to meet the full cost of upgrading it. A reasonable condition was one that reflected the proportion of future traffic attributable to the co-generation plant. On the traffic evidence, the plant would account for about 18.16 per cent of total future traffic along Broadwater Road, rounded to 18 per cent. A condition requiring payment of 18 per cent of the upgrade costs therefore had a planning purpose, fairly and reasonably related to the development and was not unreasonable.

Court Disposition

Appeal allowed.

Orders

  • ['The appeal is allowed.' 'Condition 84A is added to the conditions of development consent requiring NSW Sugar Co-operative Limited, or any person carrying out the development after transfer of its interest, to pay Lismore City Council a monetary contribution for upgrading Broadwater Road in the sum of $524,150.'...