Donnellan v Ku-ring-gai Council [2008] NSWLEC 1462

Donnellan v Ku-ring-gai Council [2008] NSWLEC 1462

The sole issue was the quantum of the s 94 contributions. The parties agreed to revised contributions after review in light of Meriton Apartments Pty Limited v Ku-ring-gai Council (2006) NSW LEC 776, including adjustments to occupancy rates and amounts for community facilities, the arts centre and traffic studies. As there were no further questions for the Court to answer, it was reasonable to make the consent orders.

Jurisdiction
Australia
Judgment Date
19 November 2008
Procedural Posture
Appeal Against Refusal of a S 96 Application to Modify S 94 Contributions Imposed on a Development Consent / Ex Tempore Judgment; Consent Orders
Outcome
Appeal upheld by consent; Development Consent No. 0820/07 modified.
Legal Topics
['section 96 Modification Application' 'section 94 Contributions' 'development Consent for Residential Flat Building']
['planning and Environment Law'] ['section 96 Modification Application' 'section 94 Contributions' 'development Consent for Residential Flat Building']

Case Brief

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Procedural Posture

Appeal Against Refusal of a S 96 Application to Modify S 94 Contributions Imposed on a Development Consent / Ex Tempore Judgment; Consent Orders

Legal Issues

  1. 1 ['Whether the s 94 contributions imposed on Development Consent No. 0820/07 for a 32 unit residential flat building should be modified.' "The quantum of the s 94 contributions based on Ku-ring-gai Council's s 94 contributions plan."]

Ratio Decidendi

The sole issue was the quantum of the s 94 contributions. The parties agreed to revised contributions after review in light of Meriton Apartments Pty Limited v Ku-ring-gai Council (2006) NSW LEC 776, including adjustments to occupancy rates and amounts for community facilities, the arts centre and traffic studies. As there were no further questions for the Court to answer, it was reasonable to make the consent orders.

Court Disposition

Appeal upheld by consent; Development Consent No. 0820/07 modified.

Orders

  • ['The appeal is upheld.' 'Development consent No. 0820/07 be modified by the deletion of condition 37 and in lieu thereof the substitution of condition 37 requiring a Section 94 contribution for residential development as specified in Ku-ring-gai Section 94 Contributions Plan 2004-2009.' 'The contribution shall be...