Captain Developments Pty Ltd v Wingecarribee Shire Council [2023] NSWLEC 1409

Land and Environment Court New South Wales

Medium Neutral Citation: Captain Developments Pty Ltd v Wingecarribee Shire Council [2023] NSWLEC 1409 Hearing dates: 11-12 July 2023 Date of orders: 01 August 2023 Decision date: 01 August 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application No. 22/0335 for the demolition of existing structures, removal of 12 trees and construction of a multi dwelling housing development comprising 6 x 3 storey dwellings over basement parking for 14 vehicles at 511 Moss Vale Road, Bowral is refused. (3) All exhibits are returned, except for Exhibits B and 1. Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing development in R3 Medium Density Residential zone – whether adequate provision for disposal of stormwater Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.15, 8.7 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 8.8 Wingecarribee Local Environmental Plan 2010 Cases Cited: Australian Protein Recyclers Pty Limited v Goulburn Mulwaree Shire Council [2006] NSWLEC 641 Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 Texts Cited: Bowral Development Control Plan 2021 Bewsher Consulting, Bowral Floodplain Risk Management Study and Plan Final Report, June 2009 Category: Principal judgment Parties: Captain Developments Pty Ltd (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: W Calokerinos (Applicant) A Seton (Solicitor) (Respondent)