Terrigal Grosvenor Lodge v Wingecarribee Shire Council [2008] NSWLEC 1162

Terrigal Grosvenor Lodge v Wingecarribee Shire Council [2008] NSWLEC 1162

The SEPP 1 objection was well founded because strict compliance with the one-storey standard in cl 40(4)(c) was unreasonable and unnecessary in the circumstances and the underlying amenity objectives were satisfied. Subject to amendments including a minimum 10 m setback to Links Road, landscaping, fencing,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 June 2008
Procedural Posture
Appeal Against Refusal of Development Application LUA 06/1428 / Final Judgment and Orders
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'seniors Living Development' 'sepp 1 Objection' 'development Standards' 'neighbourhood Amenity and Streetscape' 'heritage Impacts' 'traffic Safety' 'amenity Impacts' 'conditions of Consent' 'section 94 Contributions']
['planning and Environment Law'] ['development Application' 'seniors Living Development' 'sepp 1 Objection' 'development Standards' 'neighbourhood Amenity and Streetscape' 'heritage Impacts' 'traffic Safety' 'amenity Impacts' 'conditions of Consent' 'section 94 Contributions']

Source-derived case record

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Procedural Posture

Appeal Against Refusal of Development Application LUA 06/1428 / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether the SEPP 1 objection to the one storey requirement in cl 40(4)(c) was well founded.' 'Whether the proposed development adversely impacted the character and streetscape of Moss Vale Road and Links Road through inadequate setbacks and fencing.' 'Whether the proposed development adversely impacted the heritage value of Karrara, particularly the access driveway from Moss Vale Road and the proximity of the proposed villas.' 'Whether the proposed development would adversely impact traffic safety at the intersection of Moss Vale Road and Links Road.' 'Whether the proposed development would adversely impact the amenity of the existing seniors living development at Mt Eymard in relation to overlooking, overshadowing and bulk and scale.' 'Whether disputed conditions concerning indemnity, golf ball protection, stormwater drainage contributions and water supply and sewerage charges should be imposed.']

Ratio Decidendi

The SEPP 1 objection was well founded because strict compliance with the one-storey standard in cl 40(4)(c) was unreasonable and unnecessary in the circumstances and the underlying amenity objectives were satisfied. Subject to amendments including a minimum 10 m setback to Links Road, landscaping, fencing, documentation addressing overlooking to Mt Eymard and deletion of Villa 32 to reduce impact on Karrara, the development was acceptable. No upgrade of the Moss Vale Road and Links Road intersection was required, the indemnity condition and stormwater drainage contribution were not justified, the golf ball protection condition was appropriate, and the appeal should be upheld with consent...

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application LUA 06/1428 for the demolition of some existing structures and the erection of a seniors living development at the corner of Moss Vale Road and Links Road, Bowral is approved subject to the conditions in Annexure A.' 'The exhibits are returned with the exception of...