The timeline for when Bungendore High School will become a reality is yet again facing uncertainty. Photo: Artist’s impression / NSW Dept of Education.
NSW Government lawyers have given themselves until 13 March to decide whether they will appeal a court decision which found the Bungendore High School was planned around an invalid development consent.
Solicitors acting for the Education and Early Learning Minister filed a Notice of Intention to Appeal to the NSW Court of Appeal on 11 January.
This doesn’t mean an appeal has actually been lodged, just that the option has been reserved.
Save Bungendore Park Inc representatives have argued appeals are long and expensive processes and that this potential legal course just added to the delays and uncertainty surrounding the project.
“Even if they’re successful (a very big ‘if’), it could take up to a year to resolve,” a statement read.
“If DoE [Department of Education] loses that appeal, they will have wasted yet another year.
“Anyone who actually wants a high school built in Bungendore any time soon would know that the best thing to do right now is to stop gambling with Bungendore’s kids and to crack on with planning on a different site.”
The government previously indicated it was working to fix the “error of process” identified by the NSW Land and Environment Court.
The court did not find that the site itself was the issue, but that owners’ consent from the Crown Lands Minister should have been sought prior to lodging the high school’s planning application in 2021.
A School Infrastructure NSW spokesperson said work was continuing with the Department of Planning, Housing and Infrastructure (DPHI) to ensure the process for securing a significant site development approval for the school was completed in “the most timely manner possible”.
“A number of options are being explored, and while there are no current plans to appeal the decision, the department has taken steps to reserve this option, which is standard legal process,” the spokesperson said.
“The department will continue to work with the DPHI to progress the statutory planning process for the new high school, and we will keep the community updated.”
Monaro MP Steve Whan has stood by his government’s commitment to deliver a permanent high school for Bungendore as soon as possible, blaming the former administration and lamenting the findings by the Land and Environment Court.
“The decision to overturn development consent was another disappointing step in this process beset by failures made under the former Liberal National government that have delayed the building of this much needed school,” he said.
“The former government’s secrecy around its planning for the new school failed to meet the community’s expectations, and I appreciate that School Infrastructure NSW has now apologised for its administrative error.”
Mr Whan also emphasised that there were no “current plans” to appeal the court’s decision.
“The court’s decision was about an error of process and not the merits of the plan for the school … the site selection process was subject to an independent review, and while the preferred site is not perfect, this location best meets the needs of local students,” he said.
“I expect the department will continue to work with the DPHI to progress the statutory planning process for the new high school and will keep the community updated.”
It’s also been confirmed that the planned school will only be able to accommodate projected demand for 12 years, even after additional construction.
In correspondence seen by Region, a School Infrastructure NSW representative stated the school’s master plan guiding the development had been designed around projected enrolments to 2036.
“While the initial size of the school is for 450 students, the school’s core facilities – including the hall, library, administration and canteen – are sized to cater for up to 660 students,” a letter stated.
“Future expansion, if required, can therefore occur within the current Majara/Gibraltar Streets Precinct site acquired for the school. Any future expansion will not impact Mick Sherd Oval.”
A Save Bungendore Park Inc statement slammed the revelation.
“So what they’re proposing – at huge expense and huge cost to the town – is an interim solution. A band-aid fix. A temporary high school. Sustainability and long-term planning be damned,” it read.
“Chances are – if they ever actually get permission to build – the school won’t even be open for a decade before it’s no longer fit for purpose – and with zero room for further expansion.”
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