The Presbyterian Church (New South Wales) Property Trust v Woollahra Municipal Council

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 2014Decision date: 28 October 2014 Jurisdiction:Class 1Before: 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...