The Lawson Clinic Pty Ltd v Ku-ring-gai Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: The Lawson Clinic Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 36 Hearing dates:16, 17, 18, 23 and 24 March 2016Decision date: 08 April 2016 Jurisdiction:Class 1Before: Moore J Decision: Matter adjourned for further hearing on 12 and 13 May 2016 Catchwords: CATEGORISATION OF PROPOSED DEVELOPMENT – Contributions Plan – contribution to be levied dependent on categorisation of development – definition of “non-private dwelling” not satisfied – appropriate category is “commercial premises” NEXUS OF DEVELOPMENT TO WORKS IN CONTRIBUTIONS PLAN – does proposed development require or contribute to demand for the events providing bases for the contribution – sufficient bases found to exist – ability of applicant to challenge basis of calculation stood over PUBLIC BENEFIT – claim for relief from contribution on grounds of public benefit – claim under cl 1.26 of Contributions Plan – held cl 1.26 not available PUBLIC BENEFIT – claim on general reasonableness grounds – for-profit psychiatric hospital also proposed to be used for university teaching and research – extent of evidence on scope of public benefit – absence of evidence to permit quantification of public benefit – no commercial information of either historic operation of associated for-profit outpatient psychiatric clinic – no commercial information on projections for inpatient facility – not possible, on highest case for applicant, to quantify what discount (if any) might be appropriate – matter stood over to permit discussions between parties on the basis of those findings Legislation Cited:...