NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Valhalla Village Pty Ltd v Wyong Shire Council [2009] NSWLEC 1355
APPLICANT Valhalla Village Pty Ltd PARTIES : RESPONDENT Wyong Shire Council
FILE NUMBER(S) : 11054 of 2007
CORAM: Hussey C
KEY ISSUES: SECTION 96 MODIFICATION :- S94 Contributions unreasonable; water/sewer changes unreasonable.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Contributions Plan No 10
Progress and Securities Pty Limited v North Sydney MC [1988] 66 LGRA 236 CASES CITED: Walton v Blacktown City Council [2006] NSWLEC 451 Fairfield City Council v N & S Olivieri P/L [2003] NSWCA 41 Arkibuilt Pty Ltd v Ku-ring-gai Council [2006] NSWLEC 502
DATES OF HEARING: 30 September 2009, 21 October 2009
DATE OF JUDGMENT: 27 October 2009
APPLICANT Mr P Tomasetti SC SOLICITOR P J Donnellan & Co Pty Ltd LEGAL REPRESENTATIVES: RESPONDENT Mr S Ayling SC SOLICITOR HWL Ebsworth Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
27 October 2009
11054 of 2007 Valhalla Village Pty Limited v Wyong Shire Council
JUDGMENT Background. 1 This appeal is against council's refusal of a s96 application to modify some of the s 94 and other contribution conditions contained in consent orders made by the Court on 3 December 2008. The consent was for a 424- site caravan park allowing for long-term residency, located at No 25 & 35 Mulloway Road, Chain Valley Bay.
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