A COMPANY who took Blayney Shire Council to the Land and Environment Court over a development dispute has had their case dismissed and been ordered to pay the council's legal costs, which are estimated to be in the tens of thousands.
In May 2011, Marrangaroo East Pty Ltd were given council approval to subdivide 96 lots of land in Millthorpe.
Council attached 58 conditions of consent to the approved development, two of which the developer claimed were unlawful.
One of the conditions required the developer to pay for the improvement of roads affected by construction of the development while the other required the developer to allocate an area of land to the council as open space land, free of charge.
Marrangroo East claimed both conditions were unlawful and met with Blayney Shire Council staff late last year in an attempt to negotiate an out of court settlement.
No reasonable settlement could be reached and the case went before the court on December 6 and 7 last year.
Acting Justice Michael Moore found the council was legally able to impose the two conditions on the developer and dismissed the case with costs.
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