Western Grammar School v Blacktown City Council

Land and Environment Court New South Wales Medium Neutral Citation: Western Grammar School v Blacktown City Council [2014] NSWLEC 1191 Hearing dates:10 and 11 June 2014Decision date: 12 September 2014 Jurisdiction:Class 1Before: Dixon C Decision: See paragraph [39] Catchwords: MODIFICATION OF DEVELOPMENT CONSENT: existing school -development of additional buildings and increase in student numbers- acoustic impacts on adjoining properties - traffic impacts in locality Legislation Cited: Environmental Planning and Assessment Act 1979 Blacktown Local Environmental Plan 1988 Draft Blacktown Local Environmental Plan 2014 State Environmental Planning Policy (Infrastructure) 2007 Blacktown Development Control Plan 2006. Cases Cited: Best Western Services Pty Ltd v Blacktown City Council [2011] NSWLEC 1380 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Category:Principal judgmentParties: Western Grammar School v Blacktown City Council Representation: A Pickles (Applicant) A Seton (Respondent) Mr Toyer of Denison Toyer (Applicant) Ms McCullan of Marsdens Law Group (Respondent) File Number(s):10135 of 2014 JudgmentIntroductionThe Western Grammar School (the School) is an independent school located at 13-15 Cannery Road, Plumpton (the Site). The use of the site for that purpose commenced in 2012 following the grant of a development consent by the Court on 29 November 2011 in Best Western Services Pty Ltd v Blacktown City Council [2011] NSWLEC 1380. Initially, the School operated as a "single stream school "(i.e. 1 class per year) catering for primary school children from Kindergarten to year 4. However, in successive years the School has expanded and it now caters for 127 students from Kindergarten to year 8.On...