FHR Holdings Pty Ltd v Wingecarribee Shire Council [2005] NSWLEC 60

Land and Environment Court of New South Wales

CITATION : FHR Holdings Pty Ltd v Wingecarribee Shire Council [2005] NSWLEC 60

APPLICANT FHR Holdings Pty Ltd

PARTIES : RESPONDENT Wingecarribee Shire Council

FILE NUMBER(S) : 11188 of 2004

CORAM: Nott C

Development Application :- Proposed arcade containing shops and offices in the Bowral town centre - replacing smaller existing building - different carparking rates for shops and offices - existing building provides no on-site parking - no previous contribution made for carparking - public carpark immediately adjoining the site operating at full practical capacity although spaces available further from the site - not clear on the evidence that the full extent of the proposed additional floor area would be acceptable - recommendation that Council review its parking policy and also measures to encourage appropriate redevelopment of sites in the town centre - developer agreements to contribute to a parking fund are probably ultra vires current legislation - application of Council's DCP inappropriate KEY ISSUES:

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s97

Auburn Council v Nehme [1999] NSWCA 383; Auspacific Equity Investments Pty Ltd v Pittwater Council [2004] NSWLEC 281; Caringbah Investments Pty Ltd v Sutherland Shire Council (1970) 20 LGRA 377; CASES CITED: Di Jones Real Estate v Woollahra Municipal Council [2004] NSWLEC 10 at [30]; Frevcourt Pty Ltd v Wingecarribee Shire Council [2005] NSWCA 107; Rose Consulting Group v Baulkham Hills Shire Council [2003] NSWCA 266 at [21]; (2003) 58 NSWLR 159; Zhang v Canterbury City Council [2001] NSWCA 167