The Lawson Clinic Pty Ltd v Ku-ring-gai Council (No 2) [2016] NSWLEC 65

Land and Environment Court New South Wales

Medium Neutral Citation: The Lawson Clinic Pty Ltd v Ku-ring-gai Council (No 2) [2016] NSWLEC 65 Hearing dates: 12, 13 May 2016 Decision date: 01 June 2016 Jurisdiction: Class 1 Before: Moore J Decision: See conclusion and directions at [124] to [127] Catchwords: DEVELOPMENT CONTRIBUTION – reasonableness – contribution in Contributions Plan based on vehicle movements – whether vehicle movements expected from proposed psychiatric hospital significantly different from assumption in the plan – whether indicative formula adopted by plan appropriate in light of available information concerning implementation of the plan – adjustment of vehicle-based element of formula reasonable – no basis to consider indexation formulae unreasonable – contribution to be adjusted to reflect revised vehicle movement factor Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Ku-ring-gai Contributions Plan 2010 Land and Environment Court Act 1979 Uniform Civil Procedure Rules 2005 Cases Cited: Rose Consulting Group v Baulkham Hills Shire Council [2003] NSWCA 266; 58 NSWLR 128 The Lawson Clinic Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 36 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 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)