Best Western Services Pty Limited v Blacktown City Council

Best Western Services Pty Limited contested a decision by Blacktown City Council to refuse a development application for an independent school on a property located at Nos 13-15 Cannery Road, Plumpton. The matter was brought before the NSW Land and Environment Court, where it was argued that the council's decision was unreasonable and should be overturned. The applicant sought approval for a development application to establish an independent school with a maximum capacity of 125 students, which was initially declined by the council. The applicant appealed the council's decision, arguing that the refusal was based on an incorrect application of the relevant planning policy and the decision was unreasonable. The court was required to determine whether the council's decision to refuse the development application was legally sound and whether the applicant's appeal should be upheld.

The court found that the council had erred in its application of the relevant planning policy, which led to an unreasonable decision. The court also found that the applicant's development application was consistent with the relevant planning policy and should be approved. The court noted that the council's decision to refuse the development application was based on an incorrect interpretation of the policy, and that the applicant had provided sufficient evidence to demonstrate that the proposed development was consistent with the policy. The court found that the applicant's appeal should be upheld, and that the development application should be approved subject to certain conditions.

In light of the findings, the court ordered that the appeal in respect of the property at Nos 13-15 Cannery Road, Plumpton, be upheld. The development application submitted to Blacktown City Council and as amended for an independent school with a maximum of 125 students was approved, subject to the conditions in Annexure A. The exhibits were returned to the parties, with the exception of A, F, I and 8.