Moran v Wingecarribee Shire Council [2004] NSWLEC 438

Land and Environment Court of New South Wales

CITATION : Moran v Wingecarribee Shire Council [2004] NSWLEC 438 APPLICANT Kerry Moran PARTIES : RESPONDENT Wingecarribee Shire Council FILE NUMBER(S) : 11631 of 2004 CORAM: Bly C - Tuor C. KEY ISSUES: Development Application :- Heritage significance - solar access - building height - site modification Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No. 5 Wingecarribee Local Environmental Plan 1989 CASES CITED: DATES OF HEARING: 06 and 07/07/2004 DATE OF JUDGMENT: 08/11/2004

APPLICANT Mr A Galasso, barrister SOLICITORS Maddocks LEGAL REPRESENTATIVES: RESPONDENT Mr D Wilson, barrister SOLICITORS Bilinsky & Company

JUDGMENT: - 1 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C and Tuor C

11 August 2004

11631 of 2003 Kerry Moran v Wingecarribee Shire Council

JUDGMENT 1 THE COMMISSIONERS: This appeal relates to Development Application No 03/1543, which is for a housing development under State Environmental Planning Policy No 5 - Housing for Older People or People with a Disability ("SEPP 5") on the site of the resort hotel known as "Craigieburn" in Centennial Road, Bowral ("the application"). 2 Craigieburn is a complex of one and two-storey buildings comprising hotel and conference facilities in a landscaped setting, including a nine hole golf course and two tennis courts. Access to the hotel is via a tree-lined gravel driveway from the site's southern frontage to Centennial Road.