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[2001] NSWLEC 216
Land and Environment Court (NSW)
1996-07-10
Sheahan J, Pearlman J
Original judgment source is linked above.
The applicant's written submissions would require the court to fly in the face of established authority, apart altogether from its requirement to make declarations beyond jurisdiction.
In answer to the questions as posed, I hold that the s 94 contribution plan, relied upon by Council, is valid.
The appeal will be listed, for further callover and directions by the Registrar, on Friday 5 October 2001.
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Wechsler
Ku-ring-gai Council
CITATION : Wechsler v Ku-ring-gai Council [2001] NSWLEC 216 APPLICANT PARTIES : Robert Wechsler RESPONDENT Ku-ring-gai Council FILE NUMBER(S) : 10053 of 2001 CORAM: Sheahan J KEY ISSUES: Question of Law :- development consent - appeal against conditions - validity of s 94 contribution plan LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 94 Environmental Planning and Assessment Regulation 1994 Billbergia Pty Ltd v Willoughby City Council [2000] NSWLEC 94; Easeport Pty Ltd v Leichhardt Municipal Council (2001) 112 LGERA 376; King & Campbell Pty Ltd v Hastings Shire Council (2000) NSWLEC 11; CASES CITED: Levadetes & Anor v Hawkesbury Shire Council (1988) 67 LGRA 190; Parramatta City Council v Peterson (1987) 61 LGRA 286; Stockland (Constructors) Pty Ltd v Baulkham Hills Shire Council (10911 of 1995, Pearlman J, 10 July 1996); S&I Investments Pty Ltd v Warringah Shire Council (40026 of 1997, Sheahan J, 7 July 1997) DATES OF HEARING: 14/09/2001 DATE OF JUDGMENT: 09/28/2001
(2001) 112 LGERA 376