S J Connelly CPP Pty Ltd v Byron Shire Council [2012] NSWLEC 1324

Land and Environment Court New South Wales

Medium Neutral Citation: S J Connelly CPP Pty Ltd v Byron Shire Council [2012] NSWLEC 1324 Hearing dates: 22, 23 24 June 2011 and 1, 16 September 2011 Decision date: 04 June 2012 Jurisdiction: Class 1 Before: Dixon C Decision: 1.I propose to uphold the appeal and amend the Schedule of contributions under condition 26 as detailed in my judgment. 2.The Council is directed to prepare a revised Schedule of contributions, which reflects my reasons for judgement, and file that Schedule with the Court and serve a copy on the applicant within 7 days of today date. 3.Upon receipt of the revised Schedule I propose to make final orders unless the parties need to address me in respect of the revised Schedule. Catchwords: Modification of development consent - Section 94 contributions condition - reduction of monetary contribution - no nexus to the development - amount claimed unreasonable - no account of material public benefit from retention of heritage building- historical "peak workforce" use of the site as council chambers - Legislation Cited: Bryon Local Environmental Plan 1988 Byron Shire Council Section 94 Development Contributions Plan 2005 Draft Byron Shire Section 94 Contributions Plan 2010 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Act Regulation 1994 Environmental Planning and Assessment Regulation 2000) Heritage Act 1977 State Environmental Planning Policy (Infrastructure) 2007 Cases Cited: Arkibult Pty Ltd v Ku Ring Gai [2006] NSWLEC 502; (2006) 148 LGRERA 85 Bennette V Byron Council (2004) NSWLEC 565 Fevcourt Pty Limited &Anor V Wingecarribee Shire Council [2005] NSWCA 107 Goldie v Commonwealth of Australia (2002) FCA 261 Meriton Apartments Pty Limited v Council of the City of Sydney (2011) NSWCA 17 Rose Consulting Group v Baulkham Hills Shire Council [2003] NSWCA 266 Stockland (Constructors) Pty Limited v Baulkham Hills Shire Council [1996] NSWLEC 185 Category: Principal judgment Parties: S J Connelly CPP Pty Ltd (Applicant)