Wilson v MidCoast Council [2018] NSWLEC 1489

Land and Environment Court New South Wales

Medium Neutral Citation: Wilson v MidCoast Council [2018] NSWLEC 1489 Hearing dates: 11 – 12 September 2018 Date of orders: 18 September 2018 Decision date: 18 September 2018 Jurisdiction: Class 1 Before: O'Neill C Decision: (1) The appeal is upheld. (2) Condition 20 of Development Consent 206/2015/A for a service station and convenience store at 190 The Lakes Way, Tuncurry, is amended in the Conditions of Consent at Annexure A to apply a quantity of 168 one-way trips to the indexed rate of $697.36, resulting in a levy contribution under the Section 94 Development Contributions Plan Forster District of $117,156.48 and a total levy contribution of $117,955.75, at the date of these orders. (3) The exhibits, other than Exhibits 1, 3, 4, A and B, are returned. Catchwords: APPEAL: modified development consent granted for a service station and convenience store; appeal against the terms of a condition of consent requiring a levy contribution under s 94; whether the formula used to calculate the monetary contribution for a petrol station and convenience store should include a discount for passing trade trips; whether there is power to modify the terms of the condition; whether the condition is unreasonable in the particular circumstances of the case. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: Arkibuilt Pty Ltd v Ku-ring-gai Council [2006] NSWLEC 502 The Australian International Academy of Education Inc v The Hills Shire Council [2013] NSWLEC 1 Texts Cited: RMS Guide to Traffic Generating Developments Section 94 Development Contributions Plan Forster District Category: Principal judgment Parties: Robert Leo Wilson (Applicant) Mid-Coast Council (Respondent) Representation: Counsel: S Nash (Applicant) H Irish (Respondent)