CARRINGTON Street resident Elwyn Di Francesco has threatened to take council to the Land and Environment court.
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The development application (DA) for a nine unit multi-dwelling housing development at 3 Carrington Street, Bowral, was approved by councillors at Wednesday night's Ordinary Meeting of Council.
Objectors to the DA walked out of the meeting in anger over council's decision.
The approval was subject to some conditions including an increase in the height of some window sills and deletion of some windows from the plan.
Councillor Graham McLaughlin said while the development didn't please everyone, he was happy to recommend it.
He moved a motion to approve the development which was seconded by Councillor Ian Scandrett.
"I think the main major issue of overshadowing from windows to other properties has been addressed," Cr McLaughlin said.
"We have taken on board the concerns of the community but we don't have a lot of room to move. "The zoning is correct, it's supported by our staff, there were considerable amendments made by the proponent and I think it has to go forward."
Crs McLaughlin and Scandrett said the development did comply and reflected the changes happening to the area.
Bureaucracy Busters Town Planning Consultants principal Darren Hogan spoke on behalf of the objectors and said there was a "strong objection from neighbours and residents that the proposal is a gross overdevelopment of the site".
"I have two pieces of legal advice, from very experienced planning lawyers from the Land and Environment Court, who confirm that the floor space ratio that applies to residential flat buildings, can not apply to multi dwelling housing," Mr Hogan said.
"The council report has chosen parts out of this current Development Control Plan (DCP) and where there is holes in this current DCP, they're saying, lets use parts of an old DCP.
"You can't pick and choose which components you want to use." Mr Hogan said if the development was reduced by one unit and if the two front units were taken down to single storey, there would be better solar access, more landscaping and the character of the area would be maintained.
Applicant Denise Reid said she was "absolutely astounded that all these objections have come so late in the day".
"Driving around Bowral and looking at other developments, this development just doesn't stand out as one that isn't going to fit in," Ms Reid said.
Council's group manager of development services, Nick Wilton, said the setback was consistent with the adjoining sites and there was no landscaping requirement for this type of development.
Councillor Larry Whipper put forward a motion, supported by Councillor Jim Clark which asked the applicant to reduce the development by one unit and to provide revised plans.
The motion was lost due to a lack of supporters and Cr McLaughlin's motion was passed with the support of Councillors Holly Campbell and Scandrett.