De Angelis v Wingecarribee Shire Council [2013] NSWLEC 1148

Land and Environment Court New South Wales

Medium Neutral Citation: De Angelis v Wingecarribee Shire Council [2013] NSWLEC 1148 Hearing dates: 30, 31 July 2013, 1 August 2013 Decision date: 14 August 2013 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. Development Application LUA 12/0193 for a retail/residential development at Bowral Street, Moss Vale Road and Holmhale Street, Bowral is refused. 3. The exhibits are returned with the exception of exhibits 1 and A. Catchwords: DEVELOPMENT APPLICATION: demolition of existing improvements - construction of discount department store, specialty shops, residential dwellings - impact of height, bulk, siting, massing and roofscape on the character, visual outlook, public open space and amenity of nearby residences - unacceptable impact on the heritage qualities of Bowral - adverse impact on the economic viability of the Bowral town centre Legislation Cited: Environmental Planning and Assessment Act 1979 Wingecarribee Local Environmental Plan 2010 Cases Cited: Fabcot Pty Ltd v Hawkesbury City Council (1977) 93 LGERA 373 Pafburn v North Sydney Council [2005] NSWLEC 91 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Seaside Property Developments Pty Ltd v Wyong Shire Council [2004] NSWLEC 117 Veloshin v Randwick Council [2007] NSWLEC 428 Category: Principal judgment Parties: Alcide De Angelis (First Applicant), Robyn De Angelis (Second Applicant), Glorio De Angelis (Third Applicant), Michele De Angelis (Fourth Applicant)