Long v Hornsby Shire Council [2007] NSWLEC 267

Long v Hornsby Shire Council [2007] NSWLEC 267

The Court found that 'other dwellings' did not include moveable dwellings installed as part of a caravan park for the purpose of cl 2.7 of the contributions plan. The existing development on the site was a caravan park, approved as such, and should not be equated with medium/high density housing for the purposes of credits. Therefore, contributions required by the original consents were properly imposed and the applications to amend them were dismissed.

Jurisdiction
Australia
Judgment Date
17 May 2007
Procedural Posture
Appeals Against Deemed Refusal of S 96 Applications to Amend Consent Conditions / Judgment on Appeal
Outcome
The appeals are dismissed. The applications under s 96(1) to modify the conditions requiring s 94 contributions are refused.
Legal Topics
['development Contributions' 'section 94 Contributions' 'modification of Development Consent' 'interpretation of Contributions Plans' 'existing Use Rights']
['planning Law' 'local Government Law'] ['development Contributions' 'section 94 Contributions' 'modification of Development Consent' 'interpretation of Contributions Plans' 'existing Use Rights']

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Procedural Posture

Appeals Against Deemed Refusal of S 96 Applications to Amend Consent Conditions / Judgment on Appeal

Legal Issues

  1. 1 ['Whether section 94 contributions should be waived due to credit for existing development under cl 2.7 of the contributions plan' "How 'other dwellings' should be interpreted for the purposes of credits under the contributions plan" 'Whether the contributions plan was correctly applied in relation to former caravan park sites']

Ratio Decidendi

The Court found that 'other dwellings' did not include moveable dwellings installed as part of a caravan park for the purpose of cl 2.7 of the contributions plan. The existing development on the site was a caravan park, approved as such, and should not be equated with medium/high density housing for the purposes of credits. Therefore, contributions required by the original consents were properly imposed and the applications to amend them were dismissed.

Court Disposition

The appeals are dismissed. The applications under s 96(1) to modify the conditions requiring s 94 contributions are refused.

Orders

  • ['The appeals are dismissed.' 'The applications under s 96(1) of the Environmental Planning and Assessment Act 1979 that seek to modify condition 105 of DA 2228/03 (Appeal No 10799 of 2004), condition 33 of DA 1150/04 (Appeal No 11553 of 2004) and condition 62 of DA 957/05 (Appeal 10800/2006) that require payment of...