Christian Education Ministries Pty Ltd v Singleton Council [2026] NSWLEC 1646
Before: Swan AC · NSW Land and Environment Court
Summary
APPEAL – development application – new classroom building and car parking upgrades – traffic safety – upgrade of intersection on classified road for a formal channelised right hand turn lane (CHR) – whether the CHR should be defined as a broader public amenity or whether the intersection upgrade rea
Catchwords
APPEAL – development application – new classroom building and car parking upgrades – traffic safety – upgrade of intersection on classified road for a formal channelised right hand turn lane (CHR) – whether the CHR should be defined as a broader public amenity or whether the intersection upgrade reasonably relates to the development– whether the Court has power to impose conditions restricting an interim increase in student numbers for the existing school until additional car parking is constructed and until a public road bypass that is under construction is operational – orders made
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development Application No 8/2023/502/1 for the construction of a two-storey classroom building, car park upgrade, access upgrades and associated works including tree removal, and imposing a maximum cap of 665 students for the school at 109-129 Kelso Street, Singleton (Lot 4 DP 1119857), is determined by the grant of development consent subject to the conditions at Annexure A. (3) The exhibits are returned, except for Exhibits A and 4, which are retained.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 1.5, 4.15, 4.16, 4.17, 4.22, 7.11, 7.12, 7.13, 8.7, Div 11 Roads Act 1993 (NSW), s 138 Environmental Planning and Assessment Regulation 2021 (NSW), s 37 State Environmental Planning Policy (Planning Systems) 2021, s 4.30, Sch 7 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 State Environmental Planning Policy (Transport and Infrastructure) 2021 (Repealed), s 2.122, Sch 3
Read the full judgment
Authoritative text on NSW Caselaw · ~51k words
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