Al-Faisal College Limited v Campbelltown City Council [2023] NSWLEC 1014

Land and Environment Court New South Wales

Medium Neutral Citation: Al-Faisal College Limited v Campbelltown City Council [2023] NSWLEC 1014 Hearing dates: 19, 20 and 21 September 2022 Date of orders: 13 January 2023 Decision date: 13 January 2023 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The appeal is dismissed; (2) Development Application 3527/2021/DA-U, seeking approval for an increase in student numbers from 600 to 900 students at the Al-Faisal College, along with the demolition of existing structures, and construction of a designated staff car park, at 10 Benham Road and 20-22 Kitson Place, Minto, is determined by way of refusal; (3) The exhibits are returned, with the exception of Exhibit 1. Catchwords: DEVELOPMENT APPLICATION – educational establishment – proposed increased student numbers – whether proposed parking and student collection and drop-off arrangements are acceptable – Proposed Development unable to satisfy are potential noise impacts of proposal acceptable Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 55, 77 Campbelltown Local Environmental Plan 2015, cl 2.3 Land and Environment Court Act 1979 cl 39 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cll 35, 57, Sch 4 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) Amendment 2021, cl 3 State Environmental Planning Policy (Transport and Infrastructure) 2021 cl 2.122 Cases Cited: Al-Faisal College Limited v Campbelltown City Council [2015] NSWLEC 1083 Texts Cited: Campbelltown City Council, Community Participation Plan 2019 Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) Category: Principal judgment Parties: Al-Faisal College Limited (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: A Galasso (Applicant) A Seton (Solicitor) (Respondent)