ELK Designs Newcastle Pty Ltd v Wingecarribee Shire Council [2022] NSWLEC 1726

Land and Environment Court New South Wales

Medium Neutral Citation: ELK Designs Newcastle Pty Ltd v Wingecarribee Shire Council [2022] NSWLEC 1726 Hearing dates: Conciliation Conference on 24, 25 November 2022 Date of orders: 23 December 2021 Decision date: 23 December 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) Leave is granted to the Applicant to amend the development application and rely on the amended plans and documents listed under condition 1 of Annexure A. (2) The appeal is upheld (3) Development Application number DA22/0404 for the demolition of the existing dwelling and ancillary structures and construction of a seniors housing development consisting of six dwellings at 4 Cypress Street, Bowral is determined by the grant of consent subject to the conditions in Annexure A Catchwords: DEVELOPMENT APPLICATION – demolition of existing structures and construction of a seniors housing development – amended plans – agreement between the parties – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 Wingecarribee Local Environmental Plan 2010, cll 2.7, 7.3, 7.10 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 8.8, 6.61 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Environmental Planning and Assessment Regulation 2021/2000 Category: Principal judgment Parties: ELK Designs Newcastle Pty Ltd (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: R O'Gorman Hughes (Applicant) T March (Respondent)