The case of Buyozo Pty Limited v Ku-ring-gai Council [2021] NSWLEC 2 was an appeal by Buyozo Pty Ltd against Ku-ring-gai Council to modify a condition of a development consent and reduce the development contributions payable for the development of a storage shed.

The Applicant obtained development consent by way of a conciliation conference conducted pursuant to the Land and Environment Court Act 1979 (NSW) for the consolidation of three existing lots, and alterations and additions to a warehouse premises to create a self-storage facility and separate commercial premises.

A condition of the Development Consent was that development contributions were required under section 7.11 of the EP&A Act to the Council in accordance with the Ku-ring-gai Contributions Plan 2010 (KCP), based on the “gross floor area” of the development.

The Applicant lodged a modification application on the basis that the calculation of contributions was incorrect because the corridor areas of the development were mistakenly included in the calculations. The Court assessed the term ‘gross floor area’ in the Ku-ring-gai Local Environment Plan 2015 , and whether the applicant was entitled to a return of part of the contribution he had already paid. The Court upheld the appeal and the Applicant was provided a credit of $3113,091.32.

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