Conceal Pty Ltd v Wingecarribee Shire Council [2005] NSWLEC 49

Land and Environment Court of New South Wales

CITATION : Conceal Pty Ltd v Wingecarribee Shire Council [2005] NSWLEC 49

APPLICANT Conceal Pty Ltd

PARTIES : RESPONDENT Wingecarribee Shire Council

FILE NUMBER(S) : 10533 of 2004

CORAM: Hussey C

KEY ISSUES: Subdivision :- Residential - access - drainage - fill - external works - public interest

Environmental Planning and Assessment Act LEGISLATION CITED: Wingecarribee Local Environmental Plan 1989

DATES OF HEARING: 26 & 27/08/2004, 16/12/2004, 20/12/2004, 08/02/2004 and 11/02/2004

DATE OF JUDGMENT: 03/11/2005

APPLICANT Mr I Hemmings, barrister SOLICITORS Low Doherty & Stratford LEGAL REPRESENTATIVES: RESPONDENT Mr B Bilinsky, solicitor SOLICITORS B Bilinsky & Company

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

11 March 2005

10533 of 2004 Conceal Pty Ltd v Wingecarribee Shire Council

JUDGMENT

Background 1 This appeal is against council's refusal of a development application for a 13 lot residential subdivision at Bowral. Initially Council identified a number of issues but subsequent conferencing between the parties reduced the outstanding issues as follows: o adequacy and safety of access, o drainage/filling of the land, o public interest. The site 2 The site is described as Lot 24 DP 713573, Loftus Street and Meryla Road, Bowral. It has a total area of 1.364 ha. The site is irregular in shape and is connected to Loftus Street and Meryla Road as shown in Attachment 1.