A Development Control Plan's schedule of works is not incorporated into development consents merely by reference to Council's 'adopted policy'; councils retain a discretion as to works undertaken with s.94 contributions. Under the post-1993 regime, a council may lawfully reduce the scope of works in a Contributions Plan by making a new plan, and such reduction does not constitute an abandonment amounting to a breach of s.94. The availability of a refund of s.94 contributions under s.124 of the EP&A Act remains doubtful — the Court expressed a tentative view that refunds are not available under that provision, and that a contributor whose own funds have been expended cannot claim a proportionate share of any surplus.
The full text is available to signed-in members, including the 12 later cases that cite this judgment.
2 of the 12 citing cases carry a classified treatment. How each court treated it is available to signed-in members.