NSW Caselaw
Reported Decision : 139 LGERA 140
New South Wales Court of Appeal
CITATION: FREVCOURT PTY. LIMITED (ACN 003 601 787) . & ANOR.v. WINGECARRIBEE SHIRE COUNCIL [2005] NSWCA 107
HEARING DATE(S): 08/02/05, 09/02/05
JUDGMENT DATE: 6 April 2005
JUDGMENT OF: Beazley JA at 1; Ipp JA at 129; McColl JA at 130
DECISION: Appeal dismissed with costs.
CATCHWORDS: LOCAL GOVERNMENT - development consents - s.94 Environmental Planning and Assessment Act - financial contributions paid by developers to council - whether moneys paid held in trust by council - whether developers entitled to refund of financial contributions not expended by council - LOCAL GOVERNMENT - Development Control Plan - whether schedule of works incorporated into terms of development consent - question of construction whether schedule incorporated - LOCAL GOVERNMENT - Contributions Plan - whether council entitled to abandon works contained in Contributions Plan - discretion of council as to expenditure of financial contributions - money paid under s.94 to be assessed in accordance with Contributions Plan in respect of which payment is required
Environmental Planning and Assessment Act 1979 (NSW) Environmental Planning and Assessment (Contributions Plans) Amendment Act 1991 (NSW) LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 (NSW) Local Government Act 1919 (NSW) Local Government Act 1993 (NSW)
Bathurst City Council v PWC Properties Pty Limited [1998] HCA 59; (1998) 195 CLR 566 Denham Pty Limited v Manly Council (1995) 89 LGERA 108 Engadine Area Traffic Action Group Inc v Sutherland Shire Council [2004] NSWLEC 264; (2004) 134 LGERA 75 Frevcourt Pty Ltd v Wingecarribee Shire Council (1993) 80 LGERA 75; [1993] NSWLEC 65 Levadetes & Anor v Hawkesbury Shire Council (1988) 67 LGRA 190 CASES CITED: Mirvac Homes (NSW) Pty Limited v Baulkham Hills Shire Council [2000] NSWLEC 199 Parramatta City Council v Peterson (1987) 61 LGRA 286 Rodmac Investments Pty Ltd v Great Lakes Shire Council (NSWLEC, 2 August 1991, unreported, Bignold J) Toadolla & Co v Dumaresq Shire Council (1992) 78 LGERA 261 Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 Zhang v Canterbury City Council (2001) 115 LGERA 373
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