Donnellan v Ku-ring-gai Council [2008] NSWLEC 1462

Land and Environment Court of New South Wales

CITATION : Donnellan v Ku-ring-gai Council [2008] NSWLEC 1462 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Steve Donnellan PARTIES : RESPONDENT Ku-ring-gai Council

FILE NUMBER(S) : 10955 of 2008

CORAM: Hussey C

KEY ISSUES: Section 96 Application :- Modify the s 94 contributions imposed on a development consent for a residential flat building

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

CASES CITED: Meriton Apartments Pty Limited v Ku-ring-gai Council (2006) NSW LEC 776

DATES OF HEARING: 19/11/2008

EX TEMPORE JUDGMENT DATE : 19 November 2008

APPLICANT Ms R. Dawes, solicitor of Lindsay Taylor Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr P. Marincowitz, solicitor DLA Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

19 November 2008

10955 of 2008 Steve Donnellan v Ku-ring-gai Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 This appeal was lodged against council's refusal to s 96 application to modify the s 94 contributions imposed on a development consent for a 32 unit residential flat building development at 26-30 Marion Street, Killara.

2 The details of the various components of the s 94 contributions are contained in the Statement of Facts and Contentions and I rely to these. During the appeal there has been conferencing between the parties, resulting in an agreement to the revised s 94 contributions and consequently that has lead to the parties also agreeing to consent orders. 3 The sole issue in this matter was the quantum of the s 94 contributions based on council's s 94 contributions plan. However, in another matter, which was Meriton Apartments Pty Limited v Ku-ring-gai Council (2006) NSW LEC 776, the s 94 contribution plan was challenged. His Honour Justice Talbot reviewed some of the components in that plan and the amount of contributions was reduced.