Lake Macquarie City Council v Hammersmith Management Pty Ltd

The Court of Appeal of New South Wales heard an appeal concerning the validity of a contributions plan imposed by Lake Macquarie City Council on a development by Hammersmith Management Pty Ltd. The dispute centred on a condition requiring a monetary contribution from the developer.

The primary legal issue before the court was the interpretation of the phrase "will or is likely to require" as found in section 94(1) of the *Environmental Planning and Assessment Act 1979* (NSW). This involved determining the correct test for assessing whether a development would necessitate a contribution towards public amenities and services.

The court applied the principles established in *Newbury District Council v Secretary of State for the Environment*, which requires a causal connection between the development and the need for the public facility. Mason P, Tobias JA and Young CJ in Eq found that the council had correctly applied this test, establishing that the development would indeed require additional public facilities for which a contribution was permissible under the Act.

The appeal was accordingly dismissed, with the court ordering that Hammersmith Management Pty Ltd pay the costs of Lake Macquarie City Council.