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Australian International Academy of Education Inc v The Hills Shire Council [2013] NSWLEC 1

The Australian International Academy of Education Inc obtained development consent from The Hills Shire Council to build a school. A condition of consent required the Academy to build a road and then donate it to Council at no cost to the Council. The Academy sought to modify its consent by removing the condition.

The Academy argued that the condition was invalid, and that the development would be substantially the same if the condition was excluded. The Court held that even though the Council had the power to impose a condition on the development consent requiring the Academy to donate the land or to pay money, there must be a nexus between the development and the condition imposed. In this case, the Court considered that it was not lawful for the Council to impose a condition requiring the building of a road, and that the building of the school would not give rise to the need for the road in question. The Court concluded that the development would not be drastically changed by the removal of the condition, and ordered that the condition be removed from the development consent.

Click here (link is external) to read the full judgment

Matthews Folbigg, planning lawyers at Parramatta have specialists who are able to advise in relation to development applications, modifications and consents.