Devenish-Meares v Ku-ring-gai Council (No 2) [2010] NSWLEC 1219

Devenish-Meares v Ku-ring-gai Council (No 2) [2010] NSWLEC 1219

The Court is bound to consider the Minister's direction pursuant to s 94E, as a relevant statutory instrument when exercising the powers and discretions of the consent authority under s 39 of the Land and Environment Court Act 1979. There is no evidence that the amount determined by the Minister's direction is unreasonable, and a credit for the existing dwelling should be given. Therefore, s 94 contributions are limited to $20,000 per new dwelling.

Parties
Applicant: Mrs S Devenish-Meares; Applicant: Mr S Devenish-Meares; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
13 August 2010
Procedural Posture
Development Application Appeal / Judgment Following Further Hearing on Conditions of Consent
Outcome
Appeals upheld; development approvals granted.
Legal Topics
Development Contributions, Ministerial Directions Under Environmental Planning and Assessment Act, Power of the Court on Appeal, Credits for Existing Dwellings in Contributions, Conditions of Development Consent
Planning and Environment Law Development Contributions Ministerial Directions Under Environmental Planning and Assessment Act Power of the Court on Appeal Credits for Existing Dwellings in Contributions Conditions of Development Consent

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Parties

Mrs S Devenish-Meares

Applicant

Mr S Devenish-Meares

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Development Application Appeal / Judgment Following Further Hearing on Conditions of Consent

Legal Issues

  1. 1 Whether the Land and Environment Court is bound by a Minister's direction under s 94E regarding the maximum s 94 contribution per dwelling; whether a credit should be granted for an existing dwelling when computing s 94 contributions.

Ratio Decidendi

The Court is bound to consider the Minister's direction pursuant to s 94E, as a relevant statutory instrument when exercising the powers and discretions of the consent authority under s 39 of the Land and Environment Court Act 1979. There is no evidence that the amount determined by the Minister's direction is unreasonable, and a credit for the existing dwelling should be given. Therefore, s 94 contributions are limited to $20,000 per new dwelling.

Court Disposition

Appeals upheld; development approvals granted.

Orders

  • Appeals 10198, 10199, 10200, 10203 of 2010 are upheld.
  • Development applications DA0580/09, DA0582/09, DA0583/09, DA0584/09 for a four-stage development approved, subject to conditions in Annexures A, B, C and D.