Lei Wu v Wingecarribee Shire Council [2016] NSWLEC 1536

Land and Environment Court New South Wales

Medium Neutral Citation: Lei Wu v Wingecarribee Shire Council [2016] NSWLEC 1536 Hearing dates: 31 October, 1 November 2016 Date of orders: 15 November 2016 Decision date: 15 November 2016 Jurisdiction: Class 1 Before: Dickson, C Decision: 1) The appeal is dismissed, 2) Development application DA/14/1328 for the retention of the existing dwelling house and associated structures and the erection of 12 two storey dwellings removal of existing trees and vegetation and strata subdivision at 11 Clarke Street and 5 Cliff Street Bowral is refused for the reasons provided in this judgement, 3) The Applicant is to pay the Respondent's costs, as agreed or assessed, under s.97B of the Environmental Planning and Assessment Act NSW 1979. 4) The exhibits other than 1, 4 and D, are returned. Catchwords: DEVELOPMENT APPEAL: medium density development – suitability of site design - landform modification – appropriate dwelling mix – amenity and urban design – compatibility with existing development – resident objections. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy ( Sydney Drinking Water Catchment) 2011 State Environmental Planning Policy 55 –Remediation of Land State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Cases Cited: Cachia v Manly Council (No. 2) [2009] NSWLEC 1107 Vigor Master Pty Limited v Warringah Council [2011] NSWLEC 1096 Super Studio v Waverley Council [2004] NSWLEC91 Texts Cited: Australian Standard AS 2890.1:2004 Parking facilities: Off Street Parking. Australian Standard AS 4299: Adaptable Housing Category: Principal judgment Parties: Lei Wu (Applicant) Wingecarribee Shire Council (Respondent) Representation: Counsel: Mr P Clay SC (Applicant) Mr C Leggat SC (Respondent)