Ascham School Ltd v Woollahra Municipal Council [2018] NSWLEC 2

Ascham School Ltd v Woollahra Municipal Council [2018] NSWLEC 2

With the relocation of the main switchboard enclosure and requirement for additional shielding, agreed by both parties’ experts, the unacceptable impact of electromagnetic radiation is ameliorated. All issues in dispute resolved through amendments and conditions, so development consent is appropriate subject to the filing of settled plans and conditions.

Jurisdiction
Australia
Judgment Date
17 January 2018
Procedural Posture
Class 1 (development Application Appeal) / Judgment Orders on Amended Application for Development Consent
Outcome
Appeal allowed; development consent to be granted on agreed conditions and revised plans upon filing by the parties.
Legal Topics
['development Applications' 'electricity Infrastructure' 'electromagnetic Radiation' 'expert Evidence' 'modification of Plans' 'consent Conditions']
['planning and Environment Law'] ['development Applications' 'electricity Infrastructure' 'electromagnetic Radiation' 'expert Evidence' 'modification of Plans' 'consent Conditions']

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Procedural Posture

Class 1 (development Application Appeal) / Judgment Orders on Amended Application for Development Consent

Legal Issues

  1. 1 ['Whether the proposed electricity substation and main switchboard should be granted development consent considering potential electromagnetic radiation impacts on a neighbouring residential flat building' 'Whether amended design and additional shielding conditions appropriately address expert concerns']

Ratio Decidendi

With the relocation of the main switchboard enclosure and requirement for additional shielding, agreed by both parties’ experts, the unacceptable impact of electromagnetic radiation is ameliorated. All issues in dispute resolved through amendments and conditions, so development consent is appropriate subject to the filing of settled plans and conditions.

Court Disposition

Appeal allowed; development consent to be granted on agreed conditions and revised plans upon filing by the parties.

Orders

  • ['Applicant to file revised plans (Exhibit G) by 23 January 2018.' 'Council to provide revised, settled conditions of consent by 23 January 2018.' 'Matter listed for mention 24 January 2018 at 4:00 pm.' 'If directions complied with, orders for development consent will be made in chambers and mention vacated.'...