Valhalla Village Pty Ltd v Wyong Shire Council [2009] NSWLEC 1355

Valhalla Village Pty Ltd v Wyong Shire Council [2009] NSWLEC 1355

The Court held that, absent surrender of prior consent and in the absence of any compelling evidence that the 42 previously approved but undeveloped sites should be excluded, it is appropriate to apply the current section 94 contribution provisions to all 166 new sites. The water and sewer contributions, as agreed between the parties in council's section 306 letter, are reasonable and are to be modified accordingly. The request to further reduce section 94 contributions is refused.

Jurisdiction
Australia
Judgment Date
27 October 2009
Procedural Posture
Appeal / Judgment on S 96 Modification Application
Outcome
Appeal allowed in part
Legal Topics
['section 96 Modification' 'development Contributions' 'section 94 Contributions' 'water/sewer Developer Charges' 'caravan Park Development']
['planning and Environment Law'] ['section 96 Modification' 'development Contributions' 'section 94 Contributions' 'water/sewer Developer Charges' 'caravan Park Development']

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Procedural Posture

Appeal / Judgment on S 96 Modification Application

Legal Issues

  1. 1 ['Whether the developer is entitled to a credit for 42 previously approved but undeveloped caravan park sites under the current s 94 and developer contributions regime' 'Whether section 94 contributions for open space, recreational and community facilities should be reduced as contended by the applicant' 'Whether the developer water and sewer contributions are unreasonable and should be modified']

Ratio Decidendi

The Court held that, absent surrender of prior consent and in the absence of any compelling evidence that the 42 previously approved but undeveloped sites should be excluded, it is appropriate to apply the current section 94 contribution provisions to all 166 new sites. The water and sewer contributions, as agreed between the parties in council's section 306 letter, are reasonable and are to be modified accordingly. The request to further reduce section 94 contributions is refused.

Court Disposition

Appeal allowed in part

Orders

  • ['The development consent is modified in respect of water supply and sewerage contributions as set out in the section 306 letter of 8 October 2009: Water supply contribution of $329,344.40; Sewerage contribution of $703,365.62.' 'The section 94 contributions towards open space, recreational and community facilities...