Malcolm Smith Pty. Limited v The Hills Shire Council [2019] NSWLEC 1096

Land and Environment Court New South Wales

Medium Neutral Citation: Malcolm Smith Pty. Limited v The Hills Shire Council [2019] NSWLEC 1096 Hearing dates: 5 March 2019 Date of orders: 07 March 2019 Decision date: 07 March 2019 Jurisdiction: Class 1 Before: Dixon SC Decision: (1) The appeal is dismissed. (2) The exhibits, apart from Exhibits C and D, are returned. Catchwords: MODIFICATION APPLICATION: conditions of development consent imposed under s 94 (now s 7.11) of the EPA Act requiring monetary contributions – applicable s94 contributions plan – s94 conditions based on repealed contributions plan – development commenced – demand for services and facilities generated by the development – should current contributions plan apply Legislation Cited: Baulkham Hills Local Environmental Plan 1991 Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979 Local Government Act 1993 The Hills Local Environmental Plan 2012 Cases Cited: Arkibuilt Pty Ltd v Ku-ring-gai Council (2006) 148 LGERA 85; [2006] NSWLEC 502 Bangalow Property Investments Pty Ltd v Byron Shire Council [2015] NSWLEC 1262 Fairfield City Council v N&S Olivieri Pty Ltd [2003] NSWCA 41 Monaldo Pty Ltd v Baulkham hills Shire Council [1995] NSWLEC 165 Progress & Securities Pty Ltd v North Sydney Municipal Council (1988) 66 LGRA 236 Category: Principal judgment Parties: Malcolm Smith Pty. Limited (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: M Fernandes (Applicant) S Pritchard SC (Respondent)