Falcomata v Ku-ring-gai Council (No 3) [2005] NSWLEC 541

Land and Environment Court of New South Wales

CITATION : Falcomata v Ku-ring-gai Council (No 3) [2005] NSWLEC 541

APPLICANT R Falcomata

PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10190 of 2005

CORAM: Moore C

Costs - Development Application :- Pre-existing subdivision s 94 contribution for further subdivision KEY ISSUES: .

Environmental Planning and Assessment Act 1979 s94(b)(3) LEGISLATION CITED: Land and Environment Court Act 1979 s69(8)

Rose Consulting Group v Baulkham Hills Shire Council [2003] 58 NSWLR 159; 129 LGERA 165; CASES CITED: .

DATES OF HEARING: 8 September 2005 EX TEMPORE JUDGMENT DATE : 09/08/2005

APPLICANT Mr S. Kondilios, solicitor Maddocks Lawyers

LEGAL REPRESENTATIVES:

RESPONDENT Mr P. Marincowitz, solicitor Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Moore C

8 September 2005

05/10190 R Falcomata v Ku-ring-gai Council

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

Contribution pursuant to s 94 of the Environmental Planning and Assessment Act 1979

1 The matter which I am required to determine this morning is the outstanding question of the appropriateness of the contribution proposed by Ku-ring-gai Council (the council) pursuant to s 94 of the Environmental Planning and Assessment Act 1979 (the Act) with respect to Lot 2.