Colonial Credits Pty Ltd v Pittwater Council [2015] NSWLEC 188

Land and Environment Court New South Wales

Medium Neutral Citation: Colonial Credits Pty Ltd v Pittwater Council [2015] NSWLEC 188 Hearing dates: 25 and 26 November 2015 Date of orders: 03 December 2015 Decision date: 03 December 2015 Jurisdiction: Class 1 Before: Moore AJ Decision: At [61] Catchwords: MODIFICATION APPLICATION – application to modify contribution required by plan made pursuant to s94 of the Environmental Planning and Assessment Act 1979 – drainage system to be constructed by applicant at no cost to council – separate system – drainage system not to convey water from the site but from stormwater from council drains and roads up catchment from the site – proposed drainage system not works contemplated by s94 contributions plan – application made based on s 94B(3) on the basis that requiring no cost to council of separate drainage system made the s 94 contribution unreasonable – extent of jurisdiction given to Land and Environment Court by s 94B(3) – no jurisdiction to grant reduction sought of the s 94 contribution – no findings on merit of application Category: Principal judgment Parties: Colonial Credits Pty Ltd (Applicant) Pittwater Council (Respondent) Representation: Counsel: Turvey To, Barrister (Applicant) Scott Nash, Barrister (Respondent)

Solicitor: Vanessa Walsh, Gadens Lawyers (Applicant) Odette Adams, King & Wood Mallesons (Respondent) File Number(s): 10667 of 2015 Publication restriction: No Decision under appeal File Number(s): 10667 of 2015