Winifred West Schools Ltd v Wingecarribee Shire Council (No 2) [2024] NSWLEC 1066

Land and Environment Court New South Wales

Medium Neutral Citation: Winifred West Schools Ltd v Wingecarribee Shire Council (No 2) [2024] NSWLEC 1066 Hearing dates: 18, 21-23 and 25 March 2022; 7 and 11 April 2022; 10 May 2022; 17 June 2022 Date of orders: 22 February 2024 Decision date: 22 February 2024 Jurisdiction: Class 1 Before: Adam AC Decision: The Court orders: (1) The appeal is upheld. (2) Development application no. DA20/0747 for the construction of student bush accommodation buildings and a multi-purpose hall is determined by the granting of development consent subject to the conditions of consent set out in Annexure A. (3) The exhibits are to be retained except for G and 6; the Applicant's list of authorities filed 11 April 2022 is also to be returned. Catchwords: APPEAL – development application – consent sought for construction of student accommodation buildings, a multi-purpose hall and associated works at Frensham School – deemed refusal – amended application renotified – objectors' submissions – commencement at Frensham School with objector submissions, inspection of site of proposal and observation of areas to south including upper Holt – whether site is core koala habitat – change to conservation status of koala – Biodiversity Development Assessment Report (BDAR) – Flood Emergency Response Plan (FERP) – impacts on platypus – water quality assessment is not required to be met – nature of vegetation on site – establishment of Asset Protection Zones – managing bush fire risk – bush fire evacuation plan – whether the proposal is appropriate given biodiversity and other values – agreed conditions imposed Legislation Cited: Biodiversity Conservation Act 2016, s 2.11 Environmental Planning and Assessment Act 1979 Cases Cited: Winifred West Schools Ltd v Wingecarribee Shire Council [2023] NSWLEC 1799 Category: Principal judgment Parties: Winifred West Schools Ltd (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: P Larkin SC (Applicant) R O'Gorman-Hughes (Respondent)