Section 94 of the Environmental Planning and Assessment Act 1979 (NSW) is the exclusive source of power only for conditions requiring dedication of land free of cost or payment of monetary contributions; it does not extend to conditions requiring a developer to carry out works at its own expense under s91(3)(f), even where those works may benefit the public. The exclusive zone of s94 should not be extended beyond its express terms to encompass conditions of equivalent commercial effect. Councils may impose conditions requiring works under s91(3)(f) provided the conditions serve a planning purpose, are relevantly connected to the development, and are reasonable.
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