Carrington Turramurra Two Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 1139

Land and Environment Court of New South Wales

CITATION : Carrington Turramurra Two Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 1139

APPLICANT Carrington Turramurra Two Pty Ltd PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10073 of 2009

CORAM: Bly C

KEY ISSUES: CONSENT ORDERS - DEVELOPMENT CONSENT :- Development contributions

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: Meriton Apartments Pty Ltd v Ku-ring-gai Council [2006] NSWLEC 776

DATES OF HEARING: 06/05/2009

DATE OF JUDGMENT: 6 May 2009

APPLICANT Ms S. Duggan, barrister Instructed by Hunt & Hunt LEGAL REPRESENTATIVES:

RESPONDENT Mr P. Marincowitz, solicitor of DLA Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

6 May 2009

10073 of 2009 Carrington Turramurra Two Pty Ltd v Ku-ring-gai Council

JUDGMENT 1 On 14 November 2006 that Ku-ring-gai Council determined that development consent be granted for a residential flat building at 20-28 Turramurra Avenue, Turramurra. Condition 56 of that consent requires the payment of a contribution pursuant to s. 94 of the Environmental Planning and Assessment Act 1979 in the amount of $774,958.78. 2 The applicant in these proceedings has now lodged a modification application pursuant to s. 96 of the Act, seeking a reduction of the above amount. On the basis of the deemed refusal of the application the applicant has now appealed to this Court pursuant to s. 96(1A) of the Act.