How can a Development Contribution Be Challenged?

Financial contributions are part of the infrastructure development process. When infrastructure changes are identified, the State or Local Government prepares plans of the contributions expected towards the costs of the infrastructure. The amount of the contribution forms part of the conditions of approval for a development. Their purpose is to ensure that developers and businesses are paying a share towards the infrastructure needed to support, for example, for new homes. The contributions system operates under the Environmental Planning and Assessment Act 1979.

If the contribution required is challenged, there must be evidence of its inherent unreasonableness supported by expert opinion. This was recently demonstrated in the Land and Environment Court (Young v Ballina Shire Council [2019] NSWLEC 1131).

In October 2017, Ballina Shire Council granted development consent to Mr Young to use an existing shed as a dwelling. Consent included several contribution payments amounting to almost $11000. Mr Young tried to have the development consent modified by deleting the requirement for these contributions. This was refused and Mr Young appealed to the Land and Environment Court.

The Court will consider if there is a connection (or "nexus" as they term it) between the development and the requirement for public services and amenities. In this case, the Court was satisfied that a connection did exist between the development and the associated works that would be paid for by the required contributions.

Contact Our Land and Environment Court Lawyers, Sydney, NSW

Szabo & Associates Solicitors are experienced practitioners in the Land and Environment Court. If you require advice or assistance on any such matters, please call us on (02) 9046 8466 or fill in the online enquiry form.