Greater Union Organisation Pty Limited v Woollahra Municipal Council [2012] NSWLEC 1268

Land and Environment Court New South Wales

Medium Neutral Citation: Greater Union Organisation Pty Limited v Woollahra Municipal Council [2012] NSWLEC 1268 Hearing dates: 18, 19 September 2012 Decision date: 21 September 2012 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. Condition C.3 is modified to provide for a contribution of $54,091 under s 94A of the EPA Act. 3. The exhibits are returned with the exception of exhibit E. Catchwords: MODIFICATION: s 94 contribution for car parking Legislation Cited: Environmental Planning and Assessment Act 1979 Category: Principal judgment Parties: Greater Union Organisation Pty Limited (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel Mr T Hale SC, Ms Z Steggal, barrister (Applicant) Mr S Flanigan, barrister (Respondent) Solicitors Minter Ellison (Applicant) Norton Rose Australia (Respondent) File Number(s): 10537 of 2012

Judgment 1This appeal relates to the refusal of an application to modify condition C.3 of the development consent (DA/96/2011) granted by Woollahra Municipal Council (the council) on 12 February 2012 for the demolition of an existing unused cinema and the construction of mixed retail/commercial development at 377-383 New South Head Road, Double Bay (the site). 2The relevant part of condition C.3 is shown below with the particular contributions in dispute shown bold: C.3 Payment of Security, Levies and Fees (S80A(6) & S94 of the Act, Section 608 of the Local Government Act 1993) The certifying authority must not issue any Part 4A Certificate until provided with the original receipt(s) for the payment of all of the following levy, security, contributions, and fees prior to the issue of a construction certificate, subdivision certificate or occupation certificate, as will apply. Description Amount Indexed Council Fee Code LONG SERVICE LEVY under Building and Construction Industry Long Service Payments Act 1986 Long Service Levy Contact LSL No http://www.lspc.nsw.gov.au/lew information/?le w information/lew calculator.stm Corporation or use their online calculator SECURITY under section 80A(6) of the Environmental Planning and Assessment Act 1979 Property Damage Security Deposit - making good any damage caused to Council property. $94,280 No T115 CONTRIBUTIONS under Woollahra Section 94 Contributions Plan 2002 (June 2008 update) This plan mav inspected at Woollahra Council or downloaded at www.woollahra.nsw.gov.au . Double Bay retail civic improvements contribution $5,954 + Index Amount Yes, yearly T94 Double Bay commercial civic improvements contribution $46,575 + Index Amount Yes, yearly T94 Double Bay commercial centre public car parking contribution $1,393,575 + Index Amount Yes, yearly T94 Administration charge $21,691.56 + Index Amount Yes, yearly T94 INSPECTION FEES under Section 608 of the Local Government Act 1993 Public Road and Footpath Infrastructure Inspection Fee $420 No T45 Security Administration Fee $180 No T16 TOTAL SECURITY, CONTRIBUTIONS, LEVIES AND FEES $1,562,675.56 plus any relevant indexed amounts and long service levy