Western Grammar School v Blacktown City Council (No 2)

Land and Environment Court New South Wales Medium Neutral Citation: Western Grammar School v Blacktown City Council (No 2) [2014] NSWLEC 1224 Hearing dates:Written submissions 10 October 2014Decision date: 04 November 2014 Jurisdiction:Class 1Before: Dixon C Decision: 1.Development consent is granted to DA -13-2106 for the expansion of the school located at 15 Cannery Road, Plumpton in accordance with the plans identified in condition 2.1 of the conditions in Exhibit 7 and amended in accordance with this judgment. 2.The Council will file conditions which reflect my reasons for judgment within 7 days. 3.The Exhibits are returned except for Exhibits A, and C, 7. Catchwords: DEVELOPMENT CONSENT: Conditions - requiring a monetary contribution pursuant to section 94 - contributions for trunk drainage and local roads - nexus with development Legislation Cited: State Environmental Planning Policy (Infrastructure) 2007 Environmental Planning and Assessment Act 1979 Blacktown City Council Section 94 Contributions Plan No.1 - 1980's Release Areas Blacktown City Council's Section 94 Contributions Plan No. 02 - Local Roadworks Category:Principal judgmentParties: Western Grammar School (Applicant) Blacktown City Council (Respondent) 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 JudgmentOn 12 September 2014 I delivered judgment in an appeal by Western Grammar School, the applicant, made under s 97 of the Environmental and Assessment Act 1979 (the Act). The proceedings were Western Grammar School v Blacktown City Council [2014] NSWLEC 1191. The case concerned the expansion of a private...