Pepperfield 6 Wiseman Road Pty Ltd v Wingecarribee Shire Council [2024] NSWLEC 1078

Land and Environment Court New South Wales

Medium Neutral Citation: Pepperfield 6 Wiseman Road Pty Ltd v Wingecarribee Shire Council [2024] NSWLEC 1078 Hearing dates: 29-31 January 2024 Date of orders: 28 March 2024 Decision date: 28 March 2024 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No 22/0214 for lot consolidation, demolition of existing structures, 71 self-care seniors living units, community building, alterations and additions to an existing community building, landscaping and civil works, at 6-8 Wiseman Road, Bowral, is approved, subject to the conditions of consent at Annexure A. (3) The exhibits, other than Exhibits 3, A, B, C, D and E, are returned. Catchwords: DEVELOPMENT APPLICATION – additional stage for a seniors housing development on adjoining land – social impacts on existing residents Legislation Cited: Civil Procedures Act 2005, s 56 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34 Retirement Villages Act 1999, s 60 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 State Environmental Planning Policy (Housing) 2021, Schs 1, 7A, cll 2, 43 Wingecarribee Local Environmental Plan 2010, cl 36 Cases Cited: Dougruby Pty Ltd v Wingecarribee Shire Council [2004] NSWLEC 192 New Century Developments Pty Limited v Baulkham Hills Shire Council (2003) 127 LGERA 303 Texts Cited: Wingecarribee Shire Council, The Wingecarribee Local Housing Strategy – Housing Our Community, 2021 Category: Principal judgment Parties: Pepperfield 6 Wiseman Road Pty Ltd (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: T To (Applicant) J Walker (Solicitor) (Respondent)