Council Disappointed by Court Decision of Bowral Development

Published on 21 August 2024

Wingecarribee Shire Council Disappointed by Court Decision of Controversial Bowral Development

The Land and Environment Court has granted development consent, subject to conditions, for the Development Application for 277 and 279-293 Bong Bong Street, Bowral (DA No. 23/0017) to construct a two-storey retail and commercial building with only two off street car parks, one of which is a designated disabled car park.

Wingecarribee Shire Council is disappointed with the decision, as it was approved without the required carparking provisions in accordance with the Bowral Town Centre Development Control Plan. Council believes this decision fails to adequately address community expectations on the critical issue of parking provision in Bowral.

The Commissioner concluded that there are enough parking spaces in Bowral to handle the needs of the new development. In fact, the Commissioner was of the view that the Bowral Town Centre has sufficient car parking and that the rate payer funded, Station Street car park was within sufficient walking distance to the development.

As part of the appeal, Council and applicant accepted that the proposal generated the need for 85 car spaces, however the court in its findings has determined that the applicant provided sufficient evidence of carparking credits, based on the original development being destroyed by a fire.

The Council's primary concern throughout this process has been ensuring that the development aligns with the Bowral Town Centre Development Control Plan (last updated March 2021) and the specific parking requirements outlined. Council argued that the proposed development would have a negative impact on parking availability in the already congested Bowral town centre.

The Development Application was refused by the Wingecarribee Local Planning Panel, in August 2023 based on several key concerns, including:

• Non-compliance with parking and loading requirements: The proposed development failed to meet the standards set out in the Bowral District Control Plan.
• Contravention of zoning and floor space regulations: The development exceeded permitted limits and did not comply with the Wingecarribee Local Environmental Plan 2010.
• Negative impact on heritage and urban character: The proposed design did not adequately consider the heritage values of the Bowral Town Centre.
• Insufficient parking: The lack of adequate parking spaces would have created significant congestion and strain on existing infrastructure.

Further, following the Conciliation Hearing, the matter was further considered by the Local Planning Panel in July 2024 who noted the report and status of the appeal.

While the Council acknowledges that the Court's decision is based on legal precedent and expert analysis, we remain concerned about the potential negative impacts of the lack of parking provision on the Town centre and our community.

Land and Environment Court of NSW Judgement: https://www.caselaw.nsw.gov.au/decision/191680386d37f2b559efe57f