Serohs Holdings Pty Ltd & Anor v Byron Shire Council [2010] NSWLEC 1152

Serohs Holdings Pty Ltd & Anor v Byron Shire Council [2010] NSWLEC 1152

On the material and the parties' agreement, the Court saw no basis to disagree that the revised Roads contribution was reasonable in the circumstances and that the Administration contribution was both in accordance with the contributions plan and reasonable; condition 23 was therefore amended by consent to replace the Schedule of Development Contributions.

Jurisdiction
Australia
Judgment Date
19 May 2010
Procedural Posture
Appeal Pursuant to S 97(1) of the Environmental Planning and Assessment Act 1979 Against Condition 23 Imposed on Development Consent No 10.2007.701.1 / Consent Orders After a S 34 Conciliation Conference Under the Land and Environment Court Act 1979 Was Terminated Without Agreement
Outcome
Appeal upheld by consent.
Legal Topics
['development Consent' 'development Contributions' 'conditions of Consent' 'consent Orders']
['planning and Environment Law'] ['development Consent' 'development Contributions' 'conditions of Consent' 'consent Orders']

Case Brief

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Procedural Posture

Appeal Pursuant to S 97(1) of the Environmental Planning and Assessment Act 1979 Against Condition 23 Imposed on Development Consent No 10.2007.701.1 / Consent Orders After a S 34 Conciliation Conference Under the Land and Environment Court Act 1979 Was Terminated Without Agreement

Legal Issues

  1. 1 ['Whether condition 23 requiring developer contributions under s 94 of the Environmental Planning and Assessment Act 1979 should be amended on appeal.' 'Whether the revised contributions for Roads and Administration were reasonable in the circumstances.']

Ratio Decidendi

On the material and the parties' agreement, the Court saw no basis to disagree that the revised Roads contribution was reasonable in the circumstances and that the Administration contribution was both in accordance with the contributions plan and reasonable; condition 23 was therefore amended by consent to replace the Schedule of Development Contributions.

Court Disposition

Appeal upheld by consent.

Orders

  • ['The appeal is upheld.' 'The Court grants development consent in terms of the development consent No 10.2007.701.1 granted 23 April 2009 for Commercial Development comprising alterations and additions to Ocean Shores Shopping Centre at lot 1 DP 626518, Lot 0 SP 19431, Lot 22 DP 860923, Rajah Road, Ocean Shores, 84...