Land and Environment Court of New South Wales CITATION : German School v Warringah Shire Council [2005] NSWLEC 659 Applicant: German School Johannes Gutenberg Ltd PARTIES : Respondent: Warringah Shire Council FILE NUMBER(S) : 10763 of 2005 CORAM: Roseth SC KEY ISSUES: Development Application :- bushfire safety authority DATES OF HEARING: 18/11/2005 EX TEMPORE JUDGMENT DATE : 11/18/2005 Applicant: Mr Garry Green and Ms J Reid, solicitors of Pike Pike & Fenwick LEGAL REPRESENTATIVES: Respondent: Mr M Henry, barrister instructed by Ms V Ingram, council solicitor JUDGMENT: - 2 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Roseth SC 18 November 2005 10763 of 2005 German School Johannes Gutenberg Ltd v Warringah Shire Council JUDGMENT The consequence of the Court's decision in this appeal is the grant of development consent subject to detailed conditions. These conditions are not reproduced as part of this decision but are available for inspection at the Council. In addition, a copy the Court's Orders and the conditions may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/ 1 Senior Commissioner: This is an appeal against the deemed refusal by Warringah Shire Council (the council) of a development application to erect a school on lot 321 DP 752017, known as 33 Myoora Road, Terrey Hills. 2 At the time of the appeal's lodgement the only issue between the parties was that the Rural Fire Service (RFS) refused to grant a Bushfire Safety Authority. The applicant revised the proposal and the RFS has now granted a Bushfire Safety Authority. No issue therefore remains between the parties and they seek consent orders from the Court. 3 When the proposal was advertised, the council received four objections from nearby residents. The residents did not attend the Court hearing. Their main concerns were that the proposal is too big, contains too little landscaped area and will make traffic conditions worse. The council and the applicant negotiated on these and other issues resulting in amendments that go some of the way to meeting the objectors' concerns. The council's planning report, prepared by Mr R Piggott and dated 6 September 2005, concludes in relation to the revised proposal that the concerns do not justify the refusal of the application. Mr Piggott's assessment states that the proposal complies with building form controls, the landscaping proposal is commensurate with the building's height and bulk, and the additional traffic is within the environmental capacity of Myoora Road. I am satisfied that Mr Piggott has given thorough consideration to the objections. I therefore agree to the granting of consent orders. Orders 1. The appeal is upheld. 2. Development application to erect a school on lot 321 DP 752017, known as 33 Myoora Road, Terrey Hills is determined by the granting of consent subject to the conditions in Annexure A. 3. Exhibits 1 and 2 are returned; the remaining exhibits are retained. 4. No order as to costs. ______________________ Dr John Roseth Senior Commissioner DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.