Ilim College of Australia Inc v Fairfield City Council [2013] NSWLEC 1001

Land and Environment Court New South Wales

Medium Neutral Citation: Ilim College of Australia Inc v Fairfield City Council [2013] NSWLEC 1001 Hearing dates: 17-18 December 2012 Decision date: 04 January 2013 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld in part Catchwords: Modification of consent: masterplan for expansion of school, whether occupation should be allowed prior to completion of roadworks. Legislation Cited: Fairfield Local Environmental Plan 1994; State Environmental Planning Policy (Infrastructure) 2007; Local Government Act 1993; Environmental Planning and Assessment Act 1979 Cases Cited: Ilim College of Australia Inc. v Fairfield City Council [2011] NSWLEC 1216; Moto Projects No. 2 v North Sydney Council [1999] NSWLEC 280. Category: Principal judgment Parties: Ilim College of Australia Incorporate (Applicant)

Fairfield City Council (Respondent) Representation: Mr T F Robertson SC (Applicant) Mr B Woolf Woolf Associates (Applicant)

Mr A Seton Marsdens Law Group (Respondent) File Number(s): 10876 of 2012

Judgment 1Ilim College of Australia Inc. was granted consent by this Court to establish an infants/primary school for 75 children at 2089-2109 Elizabeth Drive, Cecil Park: Ilim College of Australia Inc. v Fairfield City Council [2011] NSWLEC 1216. The building works are nearing completion and Ilim College is seeking approval to modify three consent conditions to allow occupation of the school for the start of the 2013 school year at the end of January. Those conditions are No. 61, 87(j) and 88 and relate to a requirement to obtain approval of a masterplan for the site indicating th extent of all/any future buildings from Fairfield Council; to complete roadworks prior to the issue of an occupation certificate and the alternate means of addressing wastewater management because the site does not have access to sewer. 2The council has approved a masterplan, other than in accordance with the manner in which Ilim seek to expand the school and, due to delays in obtaining the necessary approvals from Roads and Maritime Services (RMS), the roadworks are unlikely to be completed in time for the scheduled opening of the school. Ilim is dissatisfied with the council's determination of the masterplan and is seeking modification of the condition to allow use of additional site area. It is also seeking approval to open the school before all of the roadworks required as conditions of consent are completed. 3The council opposes the modification of conditions 61 and 87 and accepts the pumpout system has been approved by the council and is appropriate.