NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Fivex Pty Ltd v Woollahra Municipal Council [2007] NSWLEC 275
APPLICANT Fivex Pty Ltd PARTIES : RESPONDENT Woollahra Municipal Council
FILE NUMBER(S) : 11281 of 2006
CORAM: Hussey C
KEY ISSUES: Section 96 Application :- Reduction in s 94 carparking contribution
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 1995
DATES OF HEARING: 17/05/2007 and 18/05/2007
EX TEMPORE JUDGMENT DATE : 18 May 2007
APPLICANT Mr I. Hemmings, barrister for Hunt and Hunt
LEGAL REPRESENTATIVES: RESPONDENT Mr P. Larkin, barrister with Mr M. Connell for Home Wilkinson Lowry Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
18 May 2007
11281 of 2006 Fivex Pty Ltd v Woollahra Municipal Council This decision was given extemporaneously. It has been revised and edited prior to publication.
JUDGMENT
Background. 1 This appeal was lodged against councils determination of a s 96 Modification application in respect of Condition 57 originally imposed on a development consent for demolition works and construction of a new 4-storey retail/commercial development at 376-382 New South Head Road, Double Bay. Condition 57 required a s 94 contribution of $1,231,872 towards public car parking because the development does not include on-site parking.
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