Meriton Apartments Pty Ltd v Council of the City of Sydney [2011] NSWLEC 1294

Land and Environment Court New South Wales

Medium Neutral Citation: Meriton Apartments Pty Ltd v Council of the City of Sydney [2011] NSWLEC 1294 Hearing dates: 7 - 9 June 2011 Decision date: 14 October 2011 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The application under s 96 of the Environmental Planning and Assessment Act 1979 to modify the consent for development application D/2009/702 for 20 Gadigal Avenue, Zetland is refused. 3. The exhibits, except Exhibit D, may be returned. Catchwords: APPEAL - amend condition of development consent to reduce the amount of monetary contribution. Whether the condition is unreasonable in the particular circumstances. Whether the use of a 'benchmark' date is reasonable to determine the nett demand for public amenities and services generated by the development. Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Cases Cited: Arkibuilt Pty Ltd v Ku-ring-gai Council (2006) 67 NSWLR 529 Maygood v City of Sydney Council [2008] NSWLEC 1112 Meriton Apartments Pty Limited v South Sydney City Council (Unreported, NSWLEC 10412 of 2001, 12 September 2001) Meriton Apartments Pty Ltd v City of Sydney [2009] NSWLEC 1336 Meriton Apartments Pty Ltd v Council of the City of Sydney [2011] NSWCA 17 Meriton Apartments Pty Ltd v Council of the City of Sydney [2010] NSWLEC 64 Rose Consulting Group v Baulkham Hills Shire Council (2003) 58 NSWLR 159 Segal v Waverley Council (2005) 64 NSWLR 177 Category: Principal judgment Parties: Meriton Apartments Pty Ltd (Applicant)