Dougruby Pty Ltd v Wingecarribee SC

[2004] NSWLEC 706

Land and Environment Court

of New South Wales

CITATION:

Dougruby Pty Ltd v Wingecarribee SC [2004] NSWLEC 706

PARTIES:

APPLICANT
Dougruby Pty Limited

RESPONDENT
Wingecarribee Shire Council

FILE NUMBER(S):

10157 of 2004

CORAM:

Bly C

KEY ISSUES:

Appeal :- Consent Orders - residential retirement development - access to services.

LEGISLATION CITED:

Environmental Planning and Assessment Act 1979
State Environmental Planning Policy No. 5

CASES CITED:

DATES OF HEARING:

22/12/2004

DATE OF JUDGMENT:

12/23/2004

LEGAL REPRESENTATIVES:

APPLICANT
Ms M Carpenter, solicitor
of Boyd House and Partners

RESPONDENT
Ms C Rose, solicitor
of Wilshire Webb

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Bly C

23 December 2004

10157 of 2004 Dougruby Pty Limited v Wingecarribee Shire Council

JUDGMENT

1 This appeal relates to a development application for a residential retirement development on land in Kangoloon and Wiseman Roads, Bowral.

2 In reaching the conclusions that I should grant the consent orders in Exhibit 3 I have taken into account:

• The statement of basic facts in Exhibit 1.
• The town planning report of Mr Albyn,
• The Statement of Environmental Effects,
• The access report,
• The council officer’s reports contained in Exhibit 2,
• The letters of objection in Exhibit 2.

3 Being integrated development, I note that the requirements of the Department of Infrastructure, Planning and Natural Resources and the Rural Fire Services Department have been incorporated into the proposed conditions of consent.

4 I also note that the various requirements of State Environmental Planning Policy No 5 particularly those in cll 12 and 14 have been met by the proposal.

5 The issues which were most recently of concern to the council, especially the matter of the location of the site and its access to services, have been comprehensively dealt with by Mr R Albyn in his report and I am satisfied that the conclusions he has reached on all of those matters (relying also on other associated materials), provides a sufficient response to them and I adopt the recommendations made.

6 I am also satisfied that with the changes to the proposal and taking into account the council officer’s report and that of Mr Albyn, that the residents’ concerns are not such as to require any further changes to the proposal or indeed its rejection.

7 By Consent I therefore make the orders essentially as combined in exhibit 3, as follows:

1. The appeal pursuant to section 97 of the Environmental Planning and Assessment Act 1979 is upheld.
2. Development application number LUA03/1717 to construct 84 self care dwellings, four respite units with community facilities pursuant to State Environmental Planning Policy No. 5 at lots 100 and 101 DP841242 Wiseman Road, Bowral, is approved, subject to the conditions in Annexure A.
3. Exhibits 1, 3, 4 and B are retained.
4. There is no order as to costs.

____________________________

T A Bly

Commissioner of the Court

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