Sharjag Pty Limited v Wingecarribee Shire Council [2024] NSWLEC 1501

Land and Environment Court New South Wales

Medium Neutral Citation: Sharjag Pty Limited v Wingecarribee Shire Council [2024] NSWLEC 1501 Hearing dates: 6 and 7 August 2024 Date of orders: 21 August 2024 Decision date: 21 August 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Courts orders that: (1) The appeal is upheld. (2) Development application No 23/0017 for the demolition of the remaining on-site structures and construction of a 2-storey retail and commercial building at 277 and 279-293 Bong Bong Street, Bowral (Lots 2791 and 2792 in DP 1107202 and Lot 2 in DP 1125539) is determined by the grant of consent, subject to conditions of consent at Annexure A. (3) All exhibits are returned except for Exhibits A, E, H and G. Catchwords: DEVELOPMENT APPLICATION: commercial premises in E1 Local Centre – likely impacts of development – whether car parking credits apply to the site – whether car parking arrangements are acceptable Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Wingecarribee Local Environmental Plan 2010, cll 1.2, 5.10, Sch 5 Cases Cited: Bowral Garage Development Pty Ltd v Wingecarribee Shire Council [2021] NSWLEC 1032 Texts Cited: Austroads Guide to Traffic Engineering Practice 1993 Bowral Township Development Control Plan 2021 Category: Principal judgment Parties: Sharjag Pty Limited (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: M Staunton (Applicant) Dr J Smith (Respondent)