The Contributors Society Ltd trading as Western Grammar School v Blacktown City Council [2021] NSWLEC 1442

Land and Environment Court New South Wales

Medium Neutral Citation: The Contributors Society Ltd trading as Western Grammar School v Blacktown City Council [2021] NSWLEC 1442 Hearing dates: 7-8 June 2021 Date of orders: 4 August 2021 Decision date: 04 August 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the application and rely upon amended plans marked Exhibits B, C, D and E subject to paying the Respondent's costs thrown away as agreed or assessed in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is dismissed. (3) Development consent for Development Application DA-20-00607 seeking consent for Staged development for alterations and additions to Western Grammar School at Lot 1 DP 1172313, 15 Cannery Road Plumpton is refused. (4) All exhibits are returned, except for Exhibits A, B, E and 8. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to an existing educational establishment – development prohibited in the R2 zone – clause 4.6 written request – height exceedance Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 and 8.15 Blacktown Local Environmental Plan 2015 cll 4.3 and 4.6 State Environmental Planning Policy (Educational Establishments and Child Care Centres) 2017, cll 19A, 35 and 39, Schs 2, 4 Rural Fires Act 1997 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Texts Cited: Blacktown Development Control Plan 2015 Category: Principal judgment Parties: The Contributors Society Ltd trading as Western Grammar School (Applicant) Blacktown City Council (Respondent) Representation: Counsel: S Berveling (Applicant) D Loether (Solicitor) (Respondent)