Blacktown City Council v Satmell Holdings Pty Ltd [2019] NSWLEC 93

Land and Environment Court New South Wales

Medium Neutral Citation: Blacktown City Council v Satmell Holdings Pty Ltd [2019] NSWLEC 93 Hearing dates: 27, 28 February and 6 March 2019 Date of orders: 28 June 2019 Decision date: 28 June 2019 Jurisdiction: Class 1 Before: Pepper J Decision: See orders at [77]. Catchwords: APPEAL: appeal against a Commissioner's decision on a question of law – Commissioner upheld an appeal against the refusal of a development application – imposition of s 94 contributions as a condition of consent – whether relevant contributions plans were correctly approved by the council – jurisdiction of Commissioner to determine whether contributions plans were correctly made in Class 1 proceedings – extent to which Commissioner was required to take judicial notice of and presume that the contributions plans were correctly approved – whether there was "evidence to the contrary" to rebut presumption that contribution plans properly made – Commissioner did not have jurisdiction to determine that contributions plans were not correctly made – whether new contributions condition should be ordered in lieu of remitter – appeal upheld with costs – matter remitted for rehearing before the Commissioner. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.17, 7.11, 7.13, 7.20, 8.7, 39, 94 Environmental Planning and Assessment Regulation 2000, cl 31 Evidence Act 1995, ss 143(1)(d), 144 Land and Environment Court Act 1979, ss 17(d), 20(2), 22, 33, 36, 39, 56A Cases Cited: Attorney General (NSW) v Quin [1990] HCA 21; (1990) 170 CLR 1 Australian International Academy of Education Inc v Hills Shire Council [2013] NSWLEC 1; (2013) 196 LGERA 1 Baron Corporation Pty Limited v Council of the City of Sydney [2019] NSWLEC 61 Fairfield City Council v N & S Olivieri Pty Ltd [2003] NSWCA 41 Greentree v Director-General of the Department of Land and Water Conservation [2002] NSWLEC 53 Hammersmith Management Pty Limited v Lake Macquarie City Council [2003] NSWLEC 20; (2003) 124 LGERA 63 Helman v Byron Shire Council (1995) 87 LGERA 349 Ku-ring-gai Council v Bunnings Properties Pty Ltd [2019] NSWCA 28 Long v Blacktown City Council (1993) 80 LGERA 50 Maitland City Council v Anambah Homes Pty Ltd [2005] NSWCA 455; (2005) 64 NSWLR 695 North Sydney Council v North Sydney Leagues Club Ltd [2017] NSWLEC 69 Perry Properties Pty Ltd v Ashfield Council (No 2) [2001] NSWLEC 62; (2001) 113 LGERA 301 Satmell Holdings Pty Ltd v Blacktown City Council [2018] NSWLEC 1256 Satmell Holdings v Blacktown City Council [2019] NSWLEC 94 Texts Cited: B A Garner (ed), Black's Law Dictionary (9th ed, 2009, Thomson West) P Butt (ed), Butterworths Concise Australian Legal Dictionary (3rd ed, 2004, Lexis Nexis Butterworths) Category: Principal judgment Parties: Blacktown City Council (Applicant) Satmell Holdings Pty Ltd (Respondent) Representation: Counsel: Dr S Pritchard SC with Ms J McKelvey (Applicant) Mr A Galasso SC with Mr N Eastman (Respondent)