Lippman v Burwood Council (No. 2) [2007] NSWLEC 204

Land and Environment Court of New South Wales

CITATION : Lippman v Burwood Council (No. 2) [2007] NSWLEC 204

APPLICANT Ed Lippman PARTIES : RESPONDENT Burwood Council

FILE NUMBER(S) : 10768 of 2006

CORAM: Hussey C

KEY ISSUES: Development Application :- reasonableness of s 94 contribution for road and traffic facilities

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: Written Submissions

DATE OF JUDGMENT: 24 April 2007

APPLICANT Mr S. Austin, QC Instructed by Mr S. Balafoutis of Norman Waterhouse LEGAL REPRESENTATIVES:

RESPONDENT Mr D. Baird, solicitor of Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

24 April 2007

10768 of 2006 Ed Lippman v Burwood Council (No. 2)

JUDGMENT Background. 1 My findings on this appeal were published on 19 March 2007 and final orders withheld pending resolution of the outstanding conditions of consent. After further discussions between the parties, most of the unresolved conditions were agreed, with the exception of condition 9, which required a s 94 contribution of $104,120 towards road and traffic facilities.

2 The applicant contended that it was unreasonable to impose this condition on the subject development. The parties were then directed to provide written submissions in respect of this condition.

Submissions. 3 The councils submission is that the condition should be imposed in accordance with the provisions of Councils Section 94 Contributions Plan - Road and Traffic Facilities (S94CP), which became effective from 11 April 2001. This S94CP was adopted in order to fund all the needed road improvement works to meet the demand of new developments.