ERF Hospice Foundation Ltd v Wingecarribee Shire Council [2020] NSWLEC 1604

Land and Environment Court New South Wales

Medium Neutral Citation: ERF Hospice Foundation Ltd v Wingecarribee Shire Council [2020] NSWLEC 1604 Hearing dates: 24-25 September 2020 and 9 October 2020 Date of orders: 4 December 2020 Decision date: 04 December 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the application and rely upon amended plans and other documents at [4]. (2) The appeal is dismissed. (3) Development consent for Development Application number 18/0538 seeking demolition of an existing cricket pitch identified as an item of local heritage significance, the removal of 30 trees and the construction of a seniors living development comprising 13 independent living units (5 x 2-storey and 8 x 1 storey) with 26 resident car spaces and associated landscaping (the proposed development) at 11 Edward Street, Bowral (the site) is refused. (4) All Exhibits are returned, except for Exhibit 4. Catchwords: DEVELOPMENT APPLICATION – heritage significance of local heritage item – heritage conservation area – Bowral Heritage Conservation Area – seniors living development – likely environmental impacts on both the natural and built environment Legislation Cited: Environmental Planning and Assessment Act 1979 Roads Act 1993 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 Wingecarribee Local Environmental Plan 2010 Cases Cited: Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 Texts Cited: Bowral Town Plan Development Control Plan 2010 Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy NSW Heritage Office, Assessing heritage significance, (November 2015) Category: Principal judgment Parties: ERF Hospice Foundation Ltd (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: P Tomasetti SC (Applicant) A Seton (Solicitor) (Respondent)