Colonial Credits Pty Ltd v Pittwater Council

Land and Environment Court New South Wales Medium Neutral Citation: Colonial Credits Pty Ltd v Pittwater Council [2015] NSWLEC 188 Hearing dates:25 and 26 November 2015Date of orders: 03 December 2015 Decision date: 03 December 2015 Jurisdiction:Class 1Before: Moore AJ Decision: At [61] Catchwords: MODIFICATION APPLICATION – application to modify contribution required by plan made pursuant to s94 of the Environmental Planning and Assessment Act 1979 – drainage system to be constructed by applicant at no cost to council – separate system – drainage system not to convey water from the site but from stormwater from council drains and roads up catchment from the site – proposed drainage system not works contemplated by s94 contributions plan – application made based on s 94B(3) on the basis that requiring no cost to council of separate drainage system made the s 94 contribution unreasonable – extent of jurisdiction given to Land and Environment Court by s 94B(3) – no jurisdiction to grant reduction sought of the s 94 contribution – no findings on merit of application Category:Principal judgmentParties: Colonial Credits Pty Ltd (Applicant) Pittwater Council (Respondent) Representation: Counsel: Turvey To, Barrister (Applicant) Scott Nash, Barrister (Respondent) Solicitor: Vanessa Walsh, Gadens Lawyers (Applicant) Odette Adams, King & Wood Mallesons (Respondent) File Number(s):10667 of 2015Publication restriction:No Decision under appeal  File Number(s): 10667 of 2015 ContentsJudgmentIntroductionThe development consentDevelopment contributions for community facilitiesA reduction in contributions is soughtThe proposed drainage systemThe evidenceThe existing drainage positionThe site inspectionMatters requiring determinationThe statutory frameworkThe jurisdictional questionMaking findings on the...