Beaini Projects Pty Ltd v Cumberland Council [2019] NSWLEC 1547

Land and Environment Court New South Wales

Medium Neutral Citation: Beaini Projects Pty Ltd v Cumberland Council [2019] NSWLEC 1547 Hearing dates: 23 September, 21 October 2019 Date of orders: 06 December 2019 Decision date: 11 November 2019 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The application to modify the consent for the demolition of existing structures and the construction of a 12-storey mixed used development at 108 Station Street, Wentworthville, by amending the conditions of consent, is granted. (2) The development consent (2018/110/1) for the demolition of existing structures and the construction of a 12-storey mixed used development at 108 Station Street, Wentworthville is now subject to the modified conditions of development consent in Annexure A. Catchwords: MODIFICATION APPLICATION – developer contributions – conditions require public road to be constructed over land dedicated as a laneway – agreed material public benefit – whether there is power to amend the contribution – basis for reducing contribution Legislation Cited: Environmental Planning and Assessment Act 1979 Holroyd Local Environmental Plan 2013 Holroyd Local Environmental Plan 2013 (Amendment No 16) Land and Environment Court Act 1979 Roads Act 1993 Cases Cited: Arkibuilt Pty Ltd v Ku-ring-gai Council (2006) 67 NSWLR 529 Beaini Projects Pty Ltd v Cumberland Council [2018] NSWLEC 1603 City West Housing Pty Limited v Council of the City of Sydney [2002] NSWLEC 30 Colonial Credits Pty Ltd v Pittwater Council [2015] NSWLEC 188 North Sydney Council v Michael Standley & Associates Pty Ltd (1998) 43 NSWLR 468 Progress and Securities Building Pty Ltd v Burwood Council (No 2) (2008) 158 LGERA 102; [2008] NSWLEC 135 Texts Cited: Holroyd Development Control Plan 2013 Holroyd Section 94 Contributions Plan 2013 Wentworthville Centre Planning and Place Making Strategy Category: Principal judgment Parties: Beaini Projects Pty Ltd (Applicant) Cumberland Council (Respondent) Representation: Counsel: N Eastman (Applicant) T To (Respondent)