S J Connelly CPP Pty Ltd v Byron Shire Council (No 2) [2014] NSWLEC 1139

S J Connelly CPP Pty Ltd v Byron Shire Council (No 2) [2014] NSWLEC 1139

Given Pepper J’s reasons and the new agreement between the parties, the appropriate Section 94 monetary contributions for cycleways and civic and urban improvements are the agreed reduced amounts, as these have sufficient nexus to the development and comply with the applicable 2005 plan under the transitional provisions.

Jurisdiction
Australia
Judgment Date
30 June 2014
Procedural Posture
Appeal / Remitted Determination Following Prior Appeal and Orders Set Aside
Outcome
Appeal upheld and development consent modified with reduced Section 94 contributions.
Legal Topics
['development Consent' 'section 94 Contributions' 'modification of Consent']
['planning Law' 'environmental Law'] ['development Consent' 'section 94 Contributions' 'modification of Consent']

Case Brief

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Procedural Posture

Appeal / Remitted Determination Following Prior Appeal and Orders Set Aside

Legal Issues

  1. 1 ['Whether agreed monetary contributions accord with applicable contributions plan and are appropriate for imposition as conditions of development consent after prior orders were set aside']

Ratio Decidendi

Given Pepper J’s reasons and the new agreement between the parties, the appropriate Section 94 monetary contributions for cycleways and civic and urban improvements are the agreed reduced amounts, as these have sufficient nexus to the development and comply with the applicable 2005 plan under the transitional provisions.

Court Disposition

Appeal upheld and development consent modified with reduced Section 94 contributions.

Orders

  • ['The appeal is upheld.' 'The development consent dated 24 May 2007 to DA No. 10.2005.733.1 is modified pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979 as per the schedule of new Section 94 monetary contributions, and certain prior conditions and schedules are deleted and replaced as...