Kempsey Shire Council v M A Roche Group Pty Ltd [2012] NSWLEC 211

Land and Environment Court New South Wales

Medium Neutral Citation: Kempsey Shire Council v M A Roche Group Pty Ltd [2012] NSWLEC 211 Hearing dates: 10 September 2012 Decision date: 10 September 2012 Jurisdiction: Class 4 Before: Pain J Decision: The Court makes the following orders: 1. The Respondent to pay the Applicant the amount of $17,871 and interest on that amount as provided for by s 100 of the Civil Procedure Act 2005 capped at $2,364 within 28 days. 2. Respondent to pay the Applicant's costs of the proceedings as agreed or assessed. Catchwords: CIVIL ENFORCEMENT - temporary quarry use - failure to pay a s 94 developer contribution in breach of development consent condition - incorporation of development contribution plan into condition of development consent requiring payment before use commenced - order made requiring payment Legislation Cited: Civil Procedure Act 2005 s 100 Environmental Planning and Assessment Act 1979 s 76(1), s 124 Cases Cited: Driscoll v J Scott Pty Ltd (1976) 50 ALJR 528 Neighbourhood Association DP 285249 v Watson [2008] NSWSC 876; (2008) 162 LGERA 322 Rich v Lennox Palms Estate [2009] NSWLEC 167 Quarry Products (Newcastle) Pty Limited v Roads and Maritime Services (No 3) [2012] NSWLEC 57 Westfield Management Limited v Perpetual Trustee Co Ltd [2006] NSWCA 245 Category: Principal judgment Parties: Kempsey Shire Council (Applicant) M A Roche Group Pty Ltd (Respondent) Representation: Mr M Maconachie (Applicant) No appearance (Respondent) Donovan Oates Hannaford (Applicant) File Number(s): 40294 of 2012