Solomon v Wingecarribee Shire Council [2024] NSWLEC 1594

Land and Environment Court New South Wales

Medium Neutral Citation: Solomon v Wingecarribee Shire Council [2024] NSWLEC 1594 Hearing dates: 23 September 2024 Date of orders: 25 September 2024 Decision date: 25 September 2024 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The Applicant is to pay the Respondent's reasonable costs thrown away as agreed or assessed in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 as a result of the amendment of the application. (2) The appeal is upheld. (3) Development Application No. 24/0371 for alterations an additions to an existing house to convert it to a single dwelling, and the construction of two multi-dwelling residences (to reduce five dwellings to three dwellings), and related landscaping, at 23 Merrigang Street, Bowral, is determined by the grant of consent, subject to the conditions of consent in Annexure A. (4) The exhibits, other than exhibits 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION – alterations and additions to covert five dwellings to three dwellings – multi-dwelling housing is a prohibited use in the R2 Low Density Residential zone under the Wingecarribee Local Environmental Plan 2010 – the use of the site is an existing use within the meaning of s 4.65 of the Environmental Planning and Assessment Act 1979 Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.65, 4.66, 8.7, 8.15(3) Land and Environment Court Act 1979, ss 34, 39(2) Local Government Act 1919 Bowral Local Environmental Plan No. 1 Bowral Planning Scheme Ordinance Environmental Planning and Assessment Regulation 2021, ss 38, 166 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.1, 6.6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Wingecarribee Local Environmental Plan 1989, cll 5, 18 Wingecarribee Local Environmental Plan 2010, cll 4.3, 4.4, 5.10 Category: Principal judgment Parties: David Solomon (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: J McKelvey (Applicant) A Seton (Solicitor) (Respondent)