London Fashion v Manly Council [2009] NSWLEC 1162

Land and Environment Court of New South Wales

CITATION : London Fashion v Manly Council [2009] NSWLEC 1162

APPLICANT London Fashion Pty Limited PARTIES : RESPONDENT Manly Council

FILE NUMBER(S) : 11054 of 2008

CORAM: Brown C

KEY ISSUES: APPEAL :- consent orders - application to modify condition for s 94 contribution

LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 94

DATES OF HEARING: 18-20 May 2009

EX TEMPORE JUDGMENT DATE : 20 May 2009

APPLICANT Mr M Craig QC SOLICITORS Susan Hill & Associates LEGAL REPRESENTATIVES: RESPONDENT Ms S Duggan, barrister SOLICITORS Pikes Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

20 May 2009

11054 of 2008 London Fashion Pty Limited v Manly Council

JUDGMENT 1 COMMISSIONER: This is an appeal against an application to modify condition 156 of Development Application No 35/04 granted by Manly Council on 31 May 2005 for the demolition of the existing building and the construction of a supermarket, retail shops and residential apartments at 8-28 The Corso, Manly.

2 The modification application seeks the deletion of condition 156, which states: 156 Payment of contributions in accordance with section 94 of the Environmental Planning and Assessment Act 1979 is required for the development. The amount being in accordance with Council's Section 94 Policy applicable at the time of payment and paid prior to the issue of the Construction Certificate. 3 The council determined the modification application on 8 January 2009 where condition 156 was deleted and replaced by a new condition 156. This condition provided details of the contribution, based on the Manly Section 94 Contributions Plan 2004, and required a total contribution of $1,382,702.61. The new condition 156 was also opposed by the applicant and became the basis for the appeal.