The proposed Holland Park development at the northern entrance to Bowral has been given the go ahead.
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Highlands builder Garry Turland took his case to the Land and Environment Court (LEC) after the development was refused by the Joint Regional Planning Panel last year.
Reasons for the refusal included flood risk, adverse impact on the streetscape and local amenity and the height of the building.
Earlier this year an LEC Conciliation Conference took place on the development site at Mittagong Road, Bowral.
The case was heard in late September with the appeal being upheld and the development application approved by Commissioner Susan O’Neill subject to conditions.
According to court documents, Mr Turland presented an amended proposal, with further amendments made during the hearing and agreed to pay Wingecarribee Shire Council $5000 for “the costs thrown away as a result of the amendment of the application.”
The proposal is for a three-storey 47 unit residential building with basement parking for 83 cars including 16 visitor parking spaces and one accessible space.
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Court documents said three objectors provided evidence at the start of the hearing at the site.
Their concerns were similar to those expressed at the JRPP hearing last year as well as citing traffic issues and the existing cottage on the site “contributes to the heritage character of Bowral and should be retained”.
The site is zoned B4 Mixed Use under which such a development is permissible.
It is also within the Bowral Heritage Conservation area.
According to court documents Commissioner O’Neill said she accepted “the council’s submission that the effect of the proposal on the heritage significance of the Bowral HCA is acceptable”.
With flooding an issue raised by residents, Commissioner O’Neill said she accepted the “agreement of engineering experts that the proposed flood basin is acceptable” and the proposed development would not significantly affect flood behaviour in an adverse manner.
Documents said Mr Turland and his team argued that the flood plan which required the development to be elevated above the existing ground level contributed to the building exceeding the standard height and there were no amenity impacts because of this and should therefore not be refused.
Visit https://www.caselaw.nsw.gov.au/decision/5bad9300e4b0b9ab4020fd8a to view the full result.