German School v Warringah Shire Council

[2005] NSWLEC 659

Land and Environment Court

of New South Wales

CITATION:

German School v Warringah Shire Council [2005] NSWLEC 659

PARTIES:

Applicant:
German School Johannes Gutenberg Ltd

Respondent:
Warringah Shire Council

FILE NUMBER(S):

10763 of 2005

CORAM:

Roseth SC

KEY ISSUES:

Development Application :- bushfire safety authority

DATES OF HEARING:

18/11/2005

EX TEMPORE JUDGMENT DATE:

11/18/2005

LEGAL REPRESENTATIVES:

Applicant:
Mr Garry Green and Ms J Reid, solicitors of Pike Pike & Fenwick

Respondent:
Mr M Henry, barrister instructed by Ms V Ingram, council solicitor

JUDGMENT:

- 2 -

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Roseth SC

18 November 2005

10763 of 2005 German School Johannes Gutenberg Ltd v Warringah Shire Council

JUDGMENT

The consequence of the Court’s decision in this appeal is the grant of development consent subject to detailed conditions. These conditions are not reproduced as part of this decision but are available for inspection at the Council. In addition, a copy the Court’s Orders and the conditions may be obtained from the Court’s registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court’s web site at

1 Senior Commissioner: This is an appeal against the deemed refusal by Warringah Shire Council (the council) of a development application to erect a school on lot 321 DP 752017, known as 33 Myoora Road, Terrey Hills.

2 At the time of the appeal’s lodgement the only issue between the parties was that the Rural Fire Service (RFS) refused to grant a Bushfire Safety Authority. The applicant revised the proposal and the RFS has now granted a Bushfire Safety Authority. No issue therefore remains between the parties and they seek consent orders from the Court.

3 When the proposal was advertised, the council received four objections from nearby residents. The residents did not attend the Court hearing. Their main concerns were that the proposal is too big, contains too little landscaped area and will make traffic conditions worse. The council and the applicant negotiated on these and other issues resulting in amendments that go some of the way to meeting the objectors’ concerns. The council’s planning report, prepared by Mr R Piggott and dated 6 September 2005, concludes in relation to the revised proposal that the concerns do not justify the refusal of the application. Mr Piggott’s assessment states that the proposal complies with building form controls, the landscaping proposal is commensurate with the building’s height and bulk, and the additional traffic is within the environmental capacity of Myoora Road. I am satisfied that Mr Piggott has given thorough consideration to the objections. I therefore agree to the granting of consent orders.

Orders

1. The appeal is upheld.

2. Development application to erect a school on lot 321 DP 752017, known as 33 Myoora Road, Terrey Hills is determined by the granting of consent subject to the conditions in Annexure A.

3. Exhibits 1 and 2 are returned; the remaining exhibits are retained.

4. No order as to costs.

______________________
Dr John Roseth
Senior Commissioner