The Lawson Clinic Pty Ltd v Ku-ring-gai Council (No 3)

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: The Lawson Clinic Pty Ltd v Ku-ring-gai Council (No 3) [2016] NSWLEC 79 Hearing dates:On the papers, no further hearing requiredDate of orders: 06 July 2016 Decision date: 06 July 2016 Jurisdiction:Class 1Before: Moore J Decision: See orders at [14] Catchwords: DEVELOPMENT CONTRIBUTIONS – basis of indexation of contribution to be derived from the Contributions Plan – consideration of date from which adjustment of indexation formula to operate – no basis to consider indexation approach applied by the Council to be unreasonable – contribution to be adjusted by calculation on indexation base dates proposed by the Council Legislation Cited: Ku-ring-gai Contributions Plan 2010 Cases Cited: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 The Lawson Clinic Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 36 The Lawson Clinic Pty Ltd v Ku-ring-gai Council (No 2) [2016] NSWLEC 65 Category:Principal judgmentParties: The Lawson Clinic Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: Mr C Ireland, barrister (Applicant) Ms K Morton, solicitor (Respondent)   Solicitors: CMI Law Firm (Applicant) Sparke Helmore (Respondent) File Number(s):160775 of 2016 (formerly 11061 of 2015)Publication restriction:NoTABLE OF CONTENTSIntroductionRemaining matter in disputeThe Lawson Clinic’s positionThe Council’s positionConclusionOrdersJudgmentIntroduction The Lawson Clinic Pty Ltd (the Lawson Clinic) has a development consent to build a private psychiatric facility on the Pacific Highway at Gordon. The Lawson Clinic has been in dispute with Ku-ring-gai Council (the Council) concerning the development contributions to be exacted for the proposed development as a...