Sutherland Shire Council v Deeban Walk Pty Limited [2007] NSWLEC 736

The respondent failed to comply with specified conditions of development consent regarding monetary contributions, and indexation, in breach of the Environmental Planning and Assessment Act 1979, justifying the declarations and orders sought.

Parties: Applicant: Sutherland Shire Council; Respondent: Deeban Walk Pty Limited
Jurisdiction: Australia
Judgment Date: 06 November 2007
Procedural Posture: Class 4 Proceedings / Final Judgment
Outcome: Declaratory relief and orders for payment granted; costs awarded to applicant.
Legal Topics: Development Consent, Failure to Comply With Conditions, S94 Contributions

Planning Law Development Consent Failure to Comply With Conditions S94 Contributions

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Parties

Sutherland Shire Council

Applicant

Deeban Walk Pty Limited

Respondent

Procedural Posture

Class 4 Proceedings / Final Judgment

Legal Issues

1 failure to comply with conditions of development consent
2 failure to pay monetary contributions required under conditions
3 breach of Environmental Planning and Assessment Act 1979

Ratio Decidendi

Court Disposition

Declaratory relief and orders for payment granted; costs awarded to applicant.

Orders

Declaration of failure to comply with condition 36 of development consent IDA011595 in breach of Environmental Planning and Assessment Act 1979.
Declaration of failure to comply with condition 37 of development consent IDA011595 in breach of Environmental Planning and Assessment Act 1979.