Group Development Services Pty Limited v Baulkham Hills Shire Council [2004] NSWLEC 537

Land and Environment Court of New South Wales

CITATION : Group Development Services Pty Limited v Baulkham Hills Shire Council [2004] NSWLEC 537 PARTIES : Group Development Services Pty Limited (Appl) Baulkham Hills Shire Council (Resp) FILE NUMBER(S) : 10054 of 2004 CORAM: McClellan CJ Appeal :- Condition of a development consent requiring monetary contributions pursuant to a s 94 Plan KEY ISSUES: Whether a new plan is required to be prepared following adjustment of the land component of a contribution imposed pursuant to a contributions plan Whether purported latest average land estimates published in a Shire Plan are "quarterly or annual variations to readily accessible index figures" Meaning of "readily accessible index figures" LEGISLATION CITED: Environmental Planning & Assessment Act 1979 (NSW) s 94 CASES CITED: DATES OF HEARING: 17 August 2004 DATE OF JUDGMENT: 09/24/2004

C W McEwen (Appl) Hunt & Hunt (Sol - Appl)

LEGAL REPRESENTATIVES: A Galasso (Resp) Coleman & Greig (Sol - resp)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

McCLELLAN J

FRIDAY 24 SEPTEMBER 2004

10054/04 GROUP DEVELOPMENT SERVICES PTY LIMITED v BAULKHAM HILLS SHIRE COUNCIL

JUDGMENT 1 HIS HONOUR: This matter raises for consideration the Kellyville/Rouse Hill Contributions Plan No 8 made pursuant to s 94 of the Environmental Planning & Assessment Act 1979 (NSW) by Baulkham Hills Shire Council. The applicant has appealed to the Court against a condition of consent imposed by the Council pursuant to the Plan in respect of a proposed sub-division of land. 2 The appeal initially came before Roseth SC for hearing and he has referred two questions for determination by a judge. Those questions are: