Developer fights to shave $2.6m off bill to Ballina council
A developer will argue an error of law was made when the Land and Environment Court made a ruling against them earlier this year.
Intrapac Property is trying to have $2,647,349.92 shaved off their developer contributions payable to Ballina Shire Council for the Aureus subdivision in Skennars Head.
The proposed change went to a deemed refusal appeal before the Land and Environment Court when the council did not give a determination within a set period of time.
Intrapac chief operating officer Max Shifman said the developer had lodged an appeal against Acting Commissioner Philip Clay's January, 2021 judgment which went in favour of the council.
Intrapac lodged an appeal on February 5, the last day available for them to do so.
"Our legal advisers believe there may have been an error of interpretation of law by the commissioner that, if interpreted differently, could change the outcome," Mr Shifman said.
Intrapac has been seeking to have its contributions offset against work it is required to undertake under other DA conditions.
But the council has argued this is not possible and Commissioner Clay said in his judgment he could not make a decision that contravened the council's own policies.
He found the council's conditions of consent were "lawfully imposed".
But Mr Shifman said they would fight this decision.
"The standard as to whether a council (or any authority) is behaving reasonably should be an objective judgment, not based on a review of its own policies," Mr Shifman said.
The case went before the Land and Environment Court in Sydney last week and will be further mentioned on April 16.
A one-day hearing has been scheduled for July 21.
Mr Shifman said Intrapac had completed "the vast majority" of capital works required under the conditions.