The Contributors Society Ltd t/as Western Grammar School v Blacktown City Council [2022] NSWLEC 1480

Land and Environment Court New South Wales

Medium Neutral Citation: The Contributors Society Ltd t/as Western Grammar School v Blacktown City Council [2022] NSWLEC 1480 Hearing dates: Conciliation conference on 7 September 2022 Date of orders: 09 September 2022 Decision date: 09 September 2022 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (2) The appeal is upheld. (3) Development application no. DA-21-02311, as amended, for the: (a) demolition of an existing administration building; (b) removal of two (2) temporary demountable classrooms; (c) construction of a new two (2) storey school building (administration and classrooms), a basement car park with access off Bottles Road, and playground shelter; (d) increase in student numbers from 320 to 420 students, inclusion of Year 11 and 12 students, and increase in staff from 15 to 47 members; and (e) associated landscaping and stormwater drainage on land legally described Lot 1 in Deposited Plan 1172313, known as 15 Cannery Road, Plumpton, is determined by the grant of consent subject to the conditions set out in Annexure B. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Blacktown Local Environmental Plan 2015, cll 2.3, 4.3 Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Interpretation Act 1987, s 30A Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cll 33, 35, 39 State Environmental Planning Policy No 55 – Remediation of Land (repealed), cl 7 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 1.4, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 1.4, 3.34, 3.36, 3.40; Sch 9 cl 1, Sch 12, cl 1 Category: Principal judgment Parties: The Contributors Society Ltd t/as Western Grammar School (Applicant) Blacktown City Council (Respondent) Representation: Counsel: T Poisel (Applicant) D Loether (Solicitor) (Respondent)