Warringah Properties Pty Ltd v Warringah Council [2] [2004] NSWLEC 443

Warringah Properties Pty Ltd v Warringah Council [2] [2004] NSWLEC 443

The development contribution under Condition 69 should be calculated in accordance with the s 94 Plan's table for medium density development for older persons, but with a credit for the existing dwellings on the site; the widening of the service lane was not justified by the proposed development and the relevant condition should be deleted.

Jurisdiction
Australia
Judgment Date
13 August 2004
Procedural Posture
Development Application Appeal / Judgment on Draft Conditions Following Hearing and Submissions
Outcome
Varied conditions of development consent as set out in Annexure A; appeal otherwise determined
Legal Topics
['development Contribution' 'conditions of Consent' 'section 94 Plan' 'demolition and Construction Management']
['environmental Law' 'planning Law'] ['development Contribution' 'conditions of Consent' 'section 94 Plan' 'demolition and Construction Management']

Case Brief

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Procedural Posture

Development Application Appeal / Judgment on Draft Conditions Following Hearing and Submissions

Legal Issues

  1. 1 ['Calculation of development contributions under s 94 Plan' 'Entitlement to credit for existing dwellings' 'Justification for widening of service lane as condition of consent']

Ratio Decidendi

The development contribution under Condition 69 should be calculated in accordance with the s 94 Plan's table for medium density development for older persons, but with a credit for the existing dwellings on the site; the widening of the service lane was not justified by the proposed development and the relevant condition should be deleted.

Court Disposition

Varied conditions of development consent as set out in Annexure A; appeal otherwise determined

Orders

  • ['Condition 69 amended to require payment of $12,955 (to be adjusted) as development contribution reflecting credit for existing three dwellings.' 'Condition 72 (service lane widening) deleted.' "Deferred commencement conditions deleted and various amendments made to draft conditions as detailed in the applicant's...