ERF Hospice Foundation Ltd v Wingecarribee Shire Council [2020] NSWLEC 1604

ERF Hospice Foundation Ltd v Wingecarribee Shire Council [2020] NSWLEC 1604

The proposed development is refused due to unacceptable adverse impacts on the heritage conservation area’s character—particularly the significant streetscape formed by Edward and Church Streets—and loss of major landscape elements, inconsistency with DCP controls, and unresolved adverse impacts on significant street trees from stormwater and allied works; the proposal fails to satisfy the necessary planning/statutory requirements for a grant of consent.

Parties
Applicant: ERF Hospice Foundation Ltd; Respondent: Wingecarribee Shire Council
Jurisdiction
Australia
Judgment Date
04 December 2020
Procedural Posture
Class 1 Environmental/development Appeal / Merits Appeal – Final Decision
Outcome
Appeal dismissed; development consent refused.
Legal Topics
Development Consent, Heritage Conservation, Heritage Items and Conservation Areas, Environmental Impacts, Development Applications – Refusal, Tree Removal, Site Character and Streetscape
Environmental Law Planning Law Heritage Development Consent Heritage Conservation Heritage Items and Conservation Areas Environmental Impacts Development Applications – Refusal +2 more

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Parties

ERF Hospice Foundation Ltd

Applicant

Wingecarribee Shire Council

Respondent

Procedural Posture

Class 1 Environmental/development Appeal / Merits Appeal – Final Decision

Legal Issues

  1. 1 Whether the proposed development would have an unacceptable adverse impact on the heritage significance of the site and its context
  2. 2 Whether the development is compatible with the character of the Bowral Heritage Conservation Area
  3. 3 Whether the planning controls in the Wingecarribee Local Environmental Plan 2010 and Development Control Plan are met

Ratio Decidendi

The proposed development is refused due to unacceptable adverse impacts on the heritage conservation area’s character—particularly the significant streetscape formed by Edward and Church Streets—and loss of major landscape elements, inconsistency with DCP controls, and unresolved adverse impacts on significant street trees from stormwater and allied works; the proposal fails to satisfy the necessary planning/statutory requirements for a grant of consent.

Court Disposition

Appeal dismissed; development consent refused.

Orders

  • The Applicant is granted leave to amend the application and rely upon amended plans and other documents at [4].
  • The appeal is dismissed.