Bowral Garage Development Pty Ltd v Wingecarribee Shire Council [2021] NSWLEC 1032

Land and Environment Court New South Wales

Medium Neutral Citation: Bowral Garage Development Pty Ltd v Wingecarribee Shire Council [2021] NSWLEC 1032 Hearing dates: 12-13 October 2020 Date of orders: 20 January 2021 Decision date: 20 January 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is dismissed. (2) The development application (DA 18/0643) for alterations and additions to the existing building and the construction of a 4-storey mixed use development with basement carparking at 421-425 Bong Bong Street, Bowral, is refused. (3) The exhibits are returned, except for Exhibits B and 4. Catchwords: APPEAL – development application – adequacy of onsite parking – whether parking credit should apply – no parking provided for café use – availability of on-street parking – adequacy of carpark design Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Wingecarribee Local Environmental Plan 2010 Cases Cited: FHR Holdings Pty Ltd v Wingecarribee Shire Council [2005] NSWLEC 60 The Lebanese Moslem Association v Fairfield City Council [2015] NSWLEC 1570 Texts Cited: Apartment Design Guide Australian/New Zealand Standard 2890.1:2004, Parking facilities - Part 1: Off-street car parking Bowral Township Development Control Plan 2010 RTA Guide to Traffic Generating Developments (2002) Category: Principal judgment Parties: Bowral Garage Development Pty Ltd (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: P Folino-Gallo (Applicant) A Seton (Solicitor) (Respondent)