Canterbury-Bankstown Council v Hamptons Property Services Pty Ltd

Canterbury-Bankstown Council brought an appeal against a decision made by Hamptons Property Services Pty Ltd, relating to the interpretation of a local planning instrument. The appeal was heard by the Supreme Court of New South Wales. The primary dispute centred on whether a property owned by Hamptons was subject to a community infrastructure contribution as outlined in the Canterbury-Bankstown Local Environmental Plan 2022. The Council argued that the property was subject to such a contribution, while Hamptons contended that it was not.

The court was tasked with determining the correct interpretation of the local planning instrument and whether the property indeed fell within the scope of the community infrastructure contribution. This involved a detailed analysis of the wording of the local planning instrument, as well as relevant case law concerning the interpretation of planning instruments. The court needed to consider whether the property's zoning and any applicable provisions in the local planning instrument required a contribution to be made for community infrastructure.

The Supreme Court found that the Commissioner’s interpretation of the local planning instrument was incorrect. The court held that the property did not fall within the definition of premises requiring a community infrastructure contribution as outlined in the local planning instrument. The court emphasised the importance of adhering to the plain meaning of the statutory language and noted that the local planning instrument was clear in its application. Consequently, the appeal was upheld, and the matter was remitted for redetermination. The court also ordered that the respondent pay the appellant's costs of the appeal.