The NSW Court of Appeal has unanimously reversed a July decision
by the Land and Environment Court regarding the 7,200 home Huntlee
New Town development, located south of Branxton.
The original Land and Environment Court decision centred on a
number of issues, but relevantly for present purposes, whether the
former Planning Minister (Tony Kelly) took into account an
irrelevant consideration, namely a voluntary planning agreement
that was alleged not to provide for the enforcement of the
agreement "by a suitable means", this being a requirement
of the Act.
The Developer had been due to pay $200,000 by 31 January 2012.
The Developer was also due to pay $900,000 in six annual
instalments of $150,000, with the first instalment due on 31
January 2014. No security was required to be lodged in advance of
the actual cash payment. The obligation to pay was not linked to
the release of a subdivision, construction or occupation
certificate.
