The Presbyterian Church (New South Wales) Property Trust v Woollahra Municipal Council [2014] NSWLEC 1218

Land and Environment Court New South Wales

Medium Neutral Citation: The Presbyterian Church (New South Wales) Property Trust v Woollahra Municipal Council [2014] NSWLEC 1218 Hearing dates: 22 to 24 September 2014 Decision date: 28 October 2014 Jurisdiction: Class 1 Before: Moore SC Decision: 1.The appeal is dismissed; 2.Development Application DA 559/2013 to incorporate 19 Kambala Road into the Scots College Preparatory School together with associated internal and external works to facilitate that incorporation is determined by the refusal of development consent; and 3.The exhibits, other than Exhibits 3, A and C, are returned. Catchwords: PARKING AND TRAFFIC: drop-off and pick-up arrangements for a primary school; impacts on local residents; risk to pedestrians CHILD SAFETY: persistent failure by parents to observe safe behaviours during pupil drop-off and pick-up; ignoring by parents of school requests to observe safe behaviours; risks to young children and adults; risks to residents; unacceptability of present behaviours; no certainty development would not lead to increase in use of drop-off and pick-up arrangements and thus of exposure of children to present risks even assuming no increase in risky behaviours; preventative approach needed in light of potential consequences EVIDENCE: unsworn evidence given during a site inspection; weight to be given the same as if evidence given in court subject to relevance; no inference to be drawn by failure of development proponent to cross-examine objectors during evidence given on site PRECAUTIONARY PRINCIPLE: prerequisite/threshold questions; satisfaction of first prerequisite/threshold question but not of second; taking of preventative approach; response proportionate to risk PLANNING PRINCIPLES: review of planning principles by Commissioners; confirmation of the planning principles in Randall Pty Ltd v Leichhardt Council [2004] NSWLEC 277 and Vinson v Randwick Council [2005] NSWLEC 142; (2005) 141 LGERA 27 Legislation Cited: Civil Procedure Act 2005 Educational Establishments Development Control Plan 2012 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Parking Development Control Plan 2011 Roads Act 1993 State Environmental Planning Policy (Infrastructure) 2007 Woollahra Local Environmental Plan 1995 Cases Cited: Alphatex Australia v The Hills Shire Council (No 2) [2009] NSWLEC 1126 Anglican Church Property Trust v Sydney City Council [2003] NSWLEC 353; (2003) 139 LGERA 231 Australian Leisure and Hospitality Group Limited v Manly Council [2008] NSWLEC 312; (2008) 167 LGERA 1 Botany Bay City Council v Premier Customs Services Pty Ltd [2009] NSWCA 226; (2009) 172 LGERA 338 Comino v Council of the City of Sydney [2014] NSWLEC 1211 Coorey v Municipality of Hunters Hill [2013] NSWLEC 1187 H & J Standen Pty Ltd v Minister for Planning and Infrastructure [2014] NSWLEC 113 Khattar v Holroyd City Council [2005] NSWLEC 411 Khattar v Holroyd Council (No 2) [2005] NSWLEC 359 Randall Pty Ltd v Leichhardt Council [2004] NSWLEC 277 Revelop Projects Pty Limited v Parramatta City Council [2014] NSWLEC 1167 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 492 Telstra Corporation Limited v Hornsby Shire Council [2006] NSWLEC 133; (2006) 67 NSWLR 256; (2006) 146 LGERA 10 Vinson v Randwick Council [2005] NSWLEC 142; (2005) 141 LGERA 27 Zhang v Canterbury City Council [2001] NSWCA 167, (2001) 51 NSWLR 589; (2001) 115 LGERA 373 Category: Principal judgment Parties: The Presbyterian Church (New South Wales) Property Trust (Applicant) Woollahra Municipal Council (Respondent) Representation: Mr T Hale SC (Applicant) Mr J Lazarus, barrister (Respondent) CBP Lawyers (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 10198 of 2014