Uncertainty again surrounds the future site of the proposed Bungendore High School after the NSW Land and Environment Court ruled the development consent for the controversial "centre town" site was invalid.
The court ordered on Wednesday that the development application should be set aside.
The ruling represents a significant victory for the Save The Bungendore Park group, which had been fighting to prevent the proposed, fast-tracked project proceeding on a site which would carve a chunk out of the town's heritage-listed Mick Sherd Oval and take out two sections of Crown land administered by the Queanbeyan-Palerang Council.
However, the win may only be short-lived while the NSW Department of Education ponders its next move, which likely will result in a re-submission of the same development application.
Monaro MP Steve Whan expressed his disappointment over the lengthy delay which had been a result of a "stuff-up in the process".
"I'm pretty appalled, I have to say, that the process hadn't been followed properly in terms of the department and its lawyers not getting the correct advice," he said.
"It [the court ruling] is a decision related to the process rather then the actual merits of the site and that's important to note.
"We've now had essentially a year's delay on building the school. My expectation is that we will be returning the plan to the planning minister to approve and proceeding on the site because there has been a review done of the process which identifies this as the best site."
The council opposed the centre-town development and claims it had even been short-changed in the compulsory acquisition process by about $3.8 million.
The court found that under the statutory interpretation of the applicable laws, the development application was made without the consent of the Minister for Crown Land.
It also found that dedicated or reserved Crown land was "to be used for the limited purposes identified in ... the Crown Lands Management Act".
The main site for the school was acquired by a compulsory process by the time the decision to grant development consent was made.
The centre-town site had been strongly advanced by the former NSW deputy premier John Barilaro, despite it being completely remote from the proposed new recreational hub outside of town.
Such was the confidence by the NSW Department of Education that the construction would proceed, temporary classrooms were placed on the grounds of the primary school, staff employed, and enrolments commenced for years 7 and and 8, with temporary fencing erected on the adjacent site.
The high school site issue has divided the fast-growing country town and its 5000 residents. While there is a collective desire for the project to proceed as quickly as possible, the issue now is how quickly it can be put back on track, and whether pressing on with the same site may face yet another legal challenge.
A member of the Save the Bungendore Park Group, Stuart Gregory, described the court victory as "bitter-sweet" for his community.
"If the appropriate site had been selected three years ago, then the new high school would be well underway by now," he said.
