Land and Environment Court refuses consent for increase in student numbers at private school

Peter Jackson, one of our partners, acted for Ashfield Council in an appeal against Council's refusal to modify an existing development consent to allow an increase in student numbers from 1500 to 1700 at Trinity Grammar School, Summer Hill.

The Council was successful in arguing that the modification application was not "substantially the same development" as that originally approved and therefore the Court had no power to approve the application under section 96 of the Environmental Planning and Assessment Act 1979.

Further, the Court determined that even if it was incorrect in this determination, the amenity impacts of the increase in student numbers (most particularly traffic impacts) were unacceptable.

Link to Judgment

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