NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Poppelwell v Wingecarribee Shire Council [2024] NSWLEC 1239 Hearing dates: 01 May 2024 Date of orders: 09 May 2024 Decision date: 09 May 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application No 23/0891 seeking consent for tree removal, demolition of an existing retaining wall and construction of a single storey dwelling house containing 3 bedrooms and an attached carport, resulting in a detached dual occupancy on the site, on the land at 11 Oxley Street, Berrima, is refused. (3) All exhibits are returned. Catchwords: DEVELOPMENT APPLICATION — dual occupancy dwelling house development in R2 zone – subdivision – Berrima Conservation Area - Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, s 34AA Wingecarribee Local Environmental Plan 2010, Sch 5, cll 2.6, 4.1, 4.2E, 4.2F, 5.10, 7.3 Texts Cited: Berrima Village Development Control Plan 2021 Planning for Bushfire Protection 2019 Wingecarribee Shire Council Community Participation Plan Category: Principal judgment Parties: Ann Marie Gabrielle Poppelwell (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: M Langenheim (Applicant) A Seton (Solicitor) (Respondent)
Solicitors: Brock Partners (Applicant) Marsdens Law Group (Respondent) File Number(s): 2023/302503 Publication restriction: Nil
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