A public open space contribution specified in a planning scheme under clause 52.01 operates independently of the specific power in s 18(1) of the Subdivision Act 1988 (Vic), but the majority held it remains subject to the general limitation in s 18(1A) requiring consideration of whether the subdivision creates a need for more open space. A mandatory flat-rate POS contribution in a planning scheme is not invalid as a tax where it is reasonably proportionate to the planning purpose of providing public open space commensurate with the growth potential created by subdivision. The question whether s 18(1A) applies to planning scheme requirements was not unanimously resolved, with Redlich JA holding it does not apply.
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