Ilim College of Australia Inc. v Fairfield City Council [2011] NSWLEC 1216

Land and Environment Court New South Wales

Medium Neutral Citation: Ilim College of Australia Inc. v Fairfield City Council [2011] NSWLEC 1216 Decision date: 22 July 2011 Jurisdiction: Class 1 Before: Hussey C Decision: Appeal upheld, development consent granted subject to conditions. Catchwords: DEVELOPMENT APPLICATION – educational establishment in rural zone – site suitability, wastewater arrangements, traffic, visual impact, public interest Legislation Cited: Environmental Planning and Assessment Act 1979 SEPP (Infrastructure) 2007 SEPP No 55 – Remediation of Contaminated Lands SREP No 9 – Extractive Industry SREP No 20 – Hawkesbury Nepean River Fairfield LEP 1994 Category: Principal judgment Parties: Ilim College of Australia (Applicant)

Fairfield City Council (Respondent) Representation: Counsel Mr J Robson SC (Applicant) Solicitors Mr A Seton (Respondent) File Number(s): 10234 of 2011

Judgment

Background 1This appeal was lodged against council's refusal of a development application proposing the construction of an educational establishment on a semi-rural lot, located in Elizabeth Drive, Cecil Park. For the appeal, the following issues were identified: * Waste water management; this mainly concerned with treatment and disposal of sewage effluent on the site. * Traffic; in terms of the impacts on the local road system from the anticipated traffic generation from the development. * Visual impacts: relating to whether the design of the development is of high quality and sympathetic to the rural environment. * Suitability of the site and public interest;