The Presbyterian Church (New South Wales) Property Trust v Woollahra Municipal Council [2015] NSWLEC 1245

Land and Environment Court New South Wales

Medium Neutral Citation: The Presbyterian Church (New South Wales) Property Trust v Woollahra Municipal Council [2015] NSWLEC 1245 Hearing dates: 27, 28 October and 3 November 2014 and 1 December 2014 Decision date: 07 July 2015 Jurisdiction: Class 1 Before: Dixon C Decision: Orders in proceedings no 14/10335: 1. The appeal is dismissed. 2. Modification application DA no 528/2004 dated 22 May 2006 is refused consent. 3. The exhibits are returned Orders in proceedings no 14/10336: 1. The appeal is dismissed. 2. Modification application DA no 545/2005 dated 12 March 2007 is refused consent. 3. The exhibits are returned. Catchwords: MODIFICATION APPLICATION – modification of condition of development consent limiting maximum number of students at School – application to increase maximum students enrolled at the School - jurisdiction – substantially the same –– merit assessment - traffic and amenity impacts Legislation Cited: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 1995 Woollahra Local Environmental Plan 2014 Woollahra Residential Development Control Plan 2003 Educational Establishments Development Control Plan 2012 Parking Development Control Plan 2011 Cases Cited: Australian International Academy of Education Inc v The Hills Shire Council [2013] NSWLEC 1 King & Ors v Bathurst Regional Council (2006) 150LGERA 362 MLC Properties & Anor v Camden Council (1997)96 LGERA 52 Moto Projects No 2 Pty Limited v North Sydney (1999) 106 LGERA 208 The Presbyterian Church (New South Wales) Property Trust v Woollahra Municipal Council [2014] NSWLEC 1218. Vacik Pty Limited v Penrith City Council [2992] NSWLEC 8 Western Australian Planning Commission v Temwood Holdings Pty Ltd (2004)221 CLR 30 Category: Principal judgment Parties: The Presbyterian Church (New South Wales) Property Trust (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: Mr T Hale SC (Applicant) Mr Lazarus (Respondent)