TC (Tallwoods) Pty Limited v Camden Council [2021] NSWLEC 1212

Land and Environment Court New South Wales

Medium Neutral Citation: TC (Tallwoods) Pty Limited v Camden Council [2021] NSWLEC 1212 Hearing dates: 19 and 22 February 2020, supplementary written submissions 24 February and 4 March 2021 Date of orders: 7 May 2021 Decision date: 07 May 2021 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders that: (1) The appeal is dismissed. (2) Modification number DA 2019/947/3 seeking to modify condition 5.0(13) of development consent number DA 2019/947 for a 42 lot residential subdivision, four residual lots, demolition of structures, tree removal, earthworks, roads, drainage, civil works and landscaping at Lot 20 in Deposited Plan 832295 and Lot 11 in Deposited Plan 629130 together known as 133 and 149 Ingleburn Road Leppington is determined by refusal. (3) The exhibits are returned other than exhibits A, B, C, 2 and 3. Catchwords: MODIFICATION APPLICATION – reduction sought in contributions payable pursuant to s 7.11 EP&A Act – 42 lot subdivision – whether there was unreasonable delay in the grant of development consent resulting in increase in contributions imposed after 1 July 2020 when Ministerial cap on contributions removed – whether the condition requiring contributions was unreasonable – whether for a condition requiring contributions to be unreasonable the unreasonableness must arise from the application of the contributions plan Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.47, 4.55, 7.11-7.18 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Environmental Planning and Assessment Regulation 2000, cll 26, 27, 66 Environmental Planning and Assessment (Local Infrastructure Contributions) Amendment Direction 2017 Environmental Planning and Assessment (Local Infrastructure Contributions) Direction 2012 Cases Cited: Andrews v Styrap (1872) 26 LT(NS) 704 Arkibuilt Pty Ltd v Ku-ring-gai Council (2006) 67 NSWLR 529; [2006] NSWLEC 502 Colonial Credits Pty Ltd v Pittwater Council [2015] NSWLEC 188 ET-China.com International Holdings Ltd v Cheung [2021] NSWCA 24 Fairfield City Council v N & S Olivieri Pty Ltd [2003] NSWCA 41 Intrapak Skennars Head Pty Ltd v Ballina Shire Council [2021] NSWLEC 1006 Jonathon v Lismore City Council [2002] NSWLEC 134 Lawson Clinic Pty Ltd v Ku-Ring-Gai Council [2016] NSWLEC 36 Maitland City Council v Ananbah Homes Pty Ltd (2005) 64 NSWLR 695; [2005] NSWCA 455 Owners of the Ship "Shin Kobe Maru" v Empire Shipping Co Inc (1994) 181 CLR 404; [1994] HCA 54 Rose Consulting Group Pty Ltd v Baulkham Hills Shire Council (2003) 58 NSWLR 159; [2003] NSWCA 266 Trajkovski v Simpson [2019] NSWCA 52 Weinstock v Beck (2013) 251 CLR 396 Woolworths Ltd v Pallas Newco Limited (2004) 61 NSWLR 707; [2004] NSWCA 422 Texts Cited: Camden Growth Areas Contributions Plan (LP) – Essential Infrastructure NSW Planning and Environment "Development Assessment Best Practice Guideline" March 2017 Category: Principal judgment Parties: TC (Tallwoods) Pty Limited (Applicant) Camden Council (Respondent) Representation: Counsel: A Galasso SC with N Eastman (Applicant) (19 February) N Eastman (Applicant) (22 February) M Hall SC (Respondent)