Highlands builder Garry Turland is considering legal action after his Bowral development was refused.

It has been a topic of heated debate since the development application (DA) was lodged in November last year.

On Tuesday Joint Regional Planning Panel (JRPP) representatives met to make a decision on the Holland Park development.

The development, put forward by Mr Turland was for a 47 unit residential flat building with basement parking for 83 cars.

Due to his role as a councillor and to avoid any conflicts of interest, reports on the development were prepared by independent, external, private planning consultants on behalf of council.

A report prepared by consultant Deborah Laidlaw recommended refusal.

This recommendation received unanimous support from all four panel members on August 29.

The site is zoned B4 Mixed Use under Wingecarribee LEP 2010 (WLEP) and the proposed development was permissible with consent. 

Several key concerns were raised by members of the public and panel members throughout the public determination meeting held at council.

These issues included the fact the site was flood prone, the setback of the development from the road and adjoining properties, the height of the building and how it fit in with the character of the area.

According to Ms Laidlaw’s report, the proposed development’s height at up to 11.3-11.7 metres was above the 10 metre standard.

Highland Matters public officer Alan Olsen described the proposal as “critically flawed”.

Bowral resident Peter Edwards said the proposal had not observed a style or scale that was appropriate for the site.

Several residents agreed a residential development was what the site needed but had issues with the current design proposed.

Ms Laidlaw presented a brief overview of her report to those present before members of the public addressed the panel.

Six residents spoke against the proposal while Tony Springett spoke in favour of the development.

“I’ve looked at the plans and strongly believe it has an attractive frontage and great landscape features.”

He said one real estate agent had already had more than 100 enquiries.

Town planner Scott Lee, architect Martin McGrane and flood plain management consultant John Maddocks spoke on behalf of the applicant.

Mr Lee said they believed creating additional housing was in the public interest and the development would not have an adverse impact on the surrounding amenities.

“Change is more often a positive than a negative,” he said.

Mr Lee said the issue of flooding had been appropriately considered and the height variation was minor and did not undermine the integrity of the planning controls.

Panel chair Pam Allen praised Wingecarribee Shire Council for the way it had handled the DA but said she believed the applicant could have done a better job.

“There could have been an improvement in the design,” she said.

“It’s no good burying your head in the sand when there’s major issues to be dealt with.”

Mr Turland was disappointed with the decision and said he would consider his options, which included taking the matter to the Land and Environment Court.

“I’ll talk to my consultants and take their advice. If they believe we’ve got a reasonable chance which I believe we have, I’ll be taking council to court,” he said.

The site already has approval for a 72 room hotel which is another option Mr Turland will explore.