NSW Caselaw
Land and Environment Court of New South Wales
CITATION : DMA Strategic Projects Pty Limited v Kogarah Municipal Council [2005] NSWLEC 196
DMA Strategic Pty Limited PARTIES : Kogarah Municipal Council
FILE NUMBER(S) : 41656 of 2004
CORAM: Lloyd J
KEY ISSUES: Development Consent :- s 94 contribution - question of merit - reasonableness of contribution
Environmental Planning and Assessment Act 1979 (NSW), subs-ss 94(1), (2), (11) and (12); s 94B Development Control Plan No. 5 - Kogarah Town Centre LEGISLATION CITED: Kogarah Local Environmental Plan 1998 Section 94 Contributions Plan No. 8 - Kogarah Town Centre
CASES CITED: Parramatta City Council v Peterson (1987) 61 LGRA 286
DATES OF HEARING: 10 March 2005 EX TEMPORE JUDGMENT DATE : 03/10/2005
APPLICANT J M Jagot (barrister) SOLICITORS Lindsay Taylor Lawyers
LEGAL REPRESENTATIVES:
RESPONDENT C W McEwen SC SOLICITORS Pike Pike & Fenwick
JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Lloyd J
10 March 2005
LEC No. 11064 of 2004
DMA STRATEGIC PROJECTS PTY LIMITED v KOGARAH MUNICIPAL COUNCIL
EX TEMPORE JUDGMENT 1 On 3 September 2003, Kogarah Council granted development consent to the applicant, DMA Strategic Projects Pty Limited, for a mixed use commercial and residential development at Nos. 12-18 Derby Street, Kogarah. The consent was granted subject to a number of conditions, including the payment of monetary contributions for public amenities and public services within the area. The applicant now appeals against those conditions of consent.
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