The Lawson Clinic Pty Ltd v Ku-ring-gai Council

[2016] NSWLEC 36

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. Categorisation of Proposed Development
2. › Contributions Plan
3. › contribution to be levied dependent on categorisation of development
4. › definition of “non-private dwelling” not satisfied
5. › appropriate category is “commercial premises”
1. Nexus of Development to Works in Contributions Plan
2. › does proposed development require or contribute to demand for the events providing bases for the contribution
3. › sufficient bases found to exist
4. › ability of applicant to challenge basis of calculation stood over
1. Public Benefit
2. › claim for relief from contribution on grounds of public benefit
3. › claim under cl 1.26 of Contributions Plan
4. › held cl 1.26 not available