Meriton Property Services Pty Limited v Council of the City of Sydney [2013] NSWLEC 1069

Land and Environment Court New South Wales

Medium Neutral Citation: Meriton Property Services Pty Limited v Council of the City of Sydney [2013] NSWLEC 1069 Hearing dates: 4, 5, 6 and 7 February 2013 Decision date: 23 April 2013 Jurisdiction: Class 1 Before: Dixon C Decision: In appeal number 10812 of 2012 the Court orders: 1) The appeal is dismissed. 2) The application for the modification of D/2011/64/1 for 10-12 Defries Avenue is refused. In appeal number 10813 of 2012 the Court orders: 1) The appeal is dismissed. 2) The application for the modification of D/2011/64/2 for 14 Defries Avenue is refused. In appeal number 10814 of 2012 the Court orders: 1) The appeal is dismissed. 2) The application for the modification of D/2010/639 for 8 Defries Avenue is refused. Catchwords: Appeal - modification of s94 condition - unreasonable monetary contribution - credit for past workers Legislation Cited: Environmental Planning and Assessment Act 1979 City of Sydney Development Contributions Plan 2006 Cases Cited: Meriton Apartments Pty Ltd v Council of the City of Sydney [2011] NSWCA 17; 182 LGERA 355 Meriton Apartments Pty Ltd v Council of the City of Sydney [2011] NSWLEC 1294 Rose Consulting Group v Baulkham Hills SC [2003] NSWCA 266:58 NSWLR 159 Segal v Waverley Council (2005) 64 NSWLR 177 Category: Principal judgment Parties: Meriton Property Services Pty Limited (Applicant)