Meriton Apartments Pty Ltd v Council of the City of Sydney

[2011] NSWCA 17

NSW Court of Appeal

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Interrogate

Catchwords

1. Land and Environment
2. › Development contributions
3. › Section 94 monetary contributions
4. › Credit for past workforce population
5. › Discount of credit
6. › Whether rateability of land is relevant consideration
7. › Whether non-payment of rates relates to net demand for public amenities and services
8. › Environmental Planning and Assessment Act 1979 (NSW), ss 94, 94B(3)
1. Administrative Law
2. › Irrelevant considerations
3. › Statutory discretion
4. › Factors to be taken into account
5. › Subject matter, scope and purpose of legislation
6. › Whether rateability of land impliedly excluded as consideration under s 94B(3)
1. Appeal
2. › Leave to appeal
3. › Land and Environment Court
4. › Second appeal on question of law
5. › Whether taking into account irrelevant consideration constitutes error of law
6. › Land and Environment Court Act 1979 (NSW), ss 56A, 57(1), 57(4)
1. Practice and Procedure
2. › Judgments and orders
3. › Whether matter should be remitted or Court make final orders
4. › No purpose in remitting where sole basis for discount found to involve error of law
5. › Land and Environment Court Act 1979 (NSW), s 57(2)

Quick Take

The rateability or non-rateability of development land is an irrelevant consideration when determining credits for past workforce population under s 94 of the Environmental Planning and Assessment Act 1979 (NSW). The statutory scheme is concerned solely with the net demand for public amenities and services generated by development, and credits for existing demand are based on actual or deemed population, not on whether past landowners paid rates. The Court's discretion under s 94B(3) to amend a contribution condition as 'unreasonable in the particular circumstances' is confined by the subject matter, scope and purpose of the statutory provisions.