NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Clydesdale Place Pty Ltd v Ku-ring-gai Council [2007] NSWLEC 611
APPLICANT Clydesdale Place Pty Ltd PARTIES : RESPONDENT Ku-ring-gai Council
FILE NUMBER(S) : 10677 of 2007
CORAM: Hussey C
KEY ISSUES: Section 96 Application :- Modification to the s 94 contribution conditions of consent imposed on a 34 new residential development,
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
DATES OF HEARING: 12/09/2007
EX TEMPORE JUDGMENT DATE : 12 September 2007
APPLICANT Ms R. Dawes, solicitor of Lindsay Taylor Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Ms J. Hughes, solicitor of DLA Phillips Fox
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
12 September 2007
10677 of 2007 Clydesdale Place Pty Ltd v Ku-ring-gai Council
This decision was given extemporaneously. It has been revised and edited prior to publication.
JUDGMENT 1 This appeal concerns a s 96 modification to the s 94 contribution conditions of consent imposed on a 34 new residential development at 2 - 6 Clydesdale Place, Pymble. The original condition of consent required a contribution of $561,21.00.
2 However after conferencing between the parties, agreement has been reached to consent orders requiring a modified contribution of $545,420.72.
3 It is apparent from the submissions, the s 96 modification application relates to the same development because it is the s 94 contributions that are sought to be modified only. Secondly there are no objections to the consent orders agreed by the parties. Thirdly, in considering the merits of this s 96 modification, it is obvious that the modification is in respect to the monetary contributions to be made by the application in terms of the requirements of the s 94 contribution plans. 4 In this case, the parties have reviewed the various components involved with the s 94 contributions and agree it is a reasonable to adjust the projected population for this development, who will benefit from the services in the s 94 plan.
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