Onodi & Anor v Canada Bay Council [2005] NSWLEC 524

Land and Environment Court of New South Wales

CITATION : Onodi & Anor v Canada Bay Council [2005] NSWLEC 524

APPLICANTS Zoltan Onodi Linda Qian PARTIES : RESPONDENT Canada Bay Council .

FILE NUMBER(S) : 11382 of 2004

CORAM: Moore C

Development Application :- S94 contributions KEY ISSUES: Offset for existing development .

Environmental Planning and Assessment Act 1979 Drummoyne and Five Dock Section 94 Contributions Plan – Car Parking in Business Centres LEGISLATION CITED: County of Cumberland Planning Scheme .

Jones v Dunkel [1959] 101 CLR 298; CASES CITED: Rose Consulting Group v Baulkham Hills Shire Council [2003] 58 NSWLR 159; 129 LGERA 165; .

DATES OF HEARING: 19 September 2005

DATE OF JUDGMENT: 10/04/2005

APPLICANTS Mr R Phair, solicitor Proctor Phair Lawyers

LEGAL REPRESENTATIVES:

RESPONDENT Mr P Jackson, solicitor Pike Pike & Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

4 October 2005

04/11382 Zoltan Onodi & Linda Qian v Canada Bay Council The consequence of the Court's decision in this appeal is the grant of development consent subject to detailed conditions. These conditions are not reproduced as part of this decision but are available for inspection at the Council. In addition, a copy the Court's Orders and the conditions may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/