The Lawson Clinic Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 36

Land and Environment Court New South Wales

Medium Neutral Citation: The Lawson Clinic Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 36 Hearing dates: 16, 17, 18, 23 and 24 March 2016 Decision date: 08 April 2016 Jurisdiction: Class 1 Before: Moore J Decision: Matter adjourned for further hearing on 12 and 13 May 2016 Catchwords: CATEGORISATION OF PROPOSED DEVELOPMENT – Contributions Plan – contribution to be levied dependent on categorisation of development – definition of "non-private dwelling" not satisfied – appropriate category is "commercial premises" NEXUS OF DEVELOPMENT TO WORKS IN CONTRIBUTIONS PLAN – does proposed development require or contribute to demand for the events providing bases for the contribution – sufficient bases found to exist – ability of applicant to challenge basis of calculation stood over PUBLIC BENEFIT – claim for relief from contribution on grounds of public benefit – claim under cl 1.26 of Contributions Plan – held cl 1.26 not available PUBLIC BENEFIT – claim on general reasonableness grounds – for-profit psychiatric hospital also proposed to be used for university teaching and research – extent of evidence on scope of public benefit – absence of evidence to permit quantification of public benefit – no commercial information of either historic operation of associated for-profit outpatient psychiatric clinic – no commercial information on projections for inpatient facility – not possible, on highest case for applicant, to quantify what discount (if any) might be appropriate – matter stood over to permit discussions between parties on the basis of those findings Legislation Cited: Environmental Planning and Assessment Act 1979 Ku-ring-gai Contributions Plan 2010 Land and Environment Court Act 1979 Cases Cited: Rose Consulting Group v Baulkham Hills Shire Council [2003] NSWCA 266; 58 NSWLR 128 Hammersmith Management Pty Ltd v Lake Macquarie Council [2003] NSWLEC 20; 124 LGERA 63 Category: Principal judgment Parties: The Lawson Clinic Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: Mr C Ireland, barrister (Applicant) Mr J Robson SC (Respondent)