Innis Holdings v Manly Council [2007] NSWLEC 878

Land and Environment Court of New South Wales

CITATION : Innis Holdings v Manly Council [2007] NSWLEC 878

APPLICANT Innis Holdings PARTIES : RESPONDENT Manly Council

FILE NUMBER(S) : 10365 of 2007

CORAM: Murrell C

KEY ISSUES: Appeal :- Judgment No. 2 on s 94 Contribution - fair and reasonable - Newbury Test

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Manly Section 94 Contributions Plan 2004

CASES CITED: Lake Macquarie City Council v Hammersmith Management Pty Ltd [2003] NSW CA 313; Russo v Burwood Municipal Council CA

DATES OF HEARING: 11/09/2007, 12/09/2007, 13/09/2007 and 03/12/2007

EX TEMPORE JUDGMENT DATE : 3 December 2007

APPLICANT Mr A. Galasso, SC Instructed by T. Sattler of Sattler & Assoc LEGAL REPRESENTATIVES:

RESPONDENT Ms S. Duggan, barrister Instructed by Ms R. Vickers of Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

3 December 2007

10365 of 2007 Innis Holdings v Manly Council

JUDGMENT 1 This is a second judgment in these proceedings. The first judgment I delivered on 20 September 2007, on the merits of the development application. As agreed by the parties, I was to deliver the merits of the application prior to the parties proceeding to make submissions with respect to the s 94 issue. As such, today I am in a position to issue the formal Orders of the Court for the appeal, including the s 94 matter and the conditions required in terms of the previous judgment that I delivered.