Stannic Securities Pty Ltd v Wyong Shire Council [2011] NSWLEC 1329

Land and Environment Court New South Wales

Medium Neutral Citation: Stannic Securities Pty Ltd v Wyong Shire Council [2011] NSWLEC 1329 Hearing dates: 8,9 June, 30 September, 17 October 2011 Decision date: 18 November 2011 Jurisdiction: Class 1 Before: Hussey C Decision: Catchwords: Section 94 contributions; reasonableness, occupancy rates, existing lot credits, land values Legislation Cited: Environmental Planning & Assessment Act 1979 Wyong Section 94 Contributions Plan No 7A Wyong Section 94 Contributions Plan No 11 Cases Cited: Rose Consulting Group v Baulkham Hills Shire [2003] 129 LGERA 165 Lake Macquarie City v Hammersmith Management Pty Ltd [2004] 132 LGERA 225. Toadolla Co Pty Ltd v Dumaresq Shire [1992] 78 LGERA 261 Category: Procedural and other rulings Parties: Stannic Securities Pty Limited (Applicant)

Wyong Shire Council (Respondent) Representation: Counsel Mr J Ayling SC (Respondent)

Ms S Pritchard (Applicant) Solicitors HWL Ebsworth Lawyers (Respondent)

Esplins Lawyers (Applicant) File Number(s): 10579 of 2010

Judgment

Background 1This appeal was lodged against the provisions of Condition 27 of a development consent requiring s94 contributions in respect of a 44 - lot residential subdivision at Mataram Road, Woongarah. The site is within the Wyong release area, which has been under development for over 15 years. 2The original schedule of contributions was based on 16 individual categories (including open space land/works, water quality land/works, etc) resulting in a total contribution of $2,049,335. The initial submission for the applicant was that this contribution was unreasonable and should be reduced by about $914,110. 3The subdivision is part of the staged development of the land incorporating: * Lots 90B and 90C in DP 22837. * Lot 146 in DP 1149052, known as No 33 - 43 Mataram Road. This lot was created as a residue in a previous subdivision of Lots 72B & 72C in DP 22837 and Lots 5 & 6 in DP 1118025. 4Insofar as condition 27 required contributions towards a number of infrastructure items some of which are agreed, the main issues arising in this appeal concern the reasonableness of those conditions, with particular reference to occupancy rates and land valuation variations. There is an additional issue concerning what credits should be allowed for existing allotments.