Centennial Road residents are calling on the Joint Regional Planning Panel (JRPP) to reopen and review a development decision.
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Adjoining and nearby neighbours of Waterbrook want the JRPP to revisit a decision to give conditional approval to the development, earmarked for the corner of Centennial Road and Kirkham Road in Bowral.
The residents believe there was additional information not presented at the time of assessment at a recent Southern Regional Planning Panel (SRPP) meeting held at Wingecarribee Shire Council.
Bowral resident Rob Landsberry said at the meeting it was stated a case involving North Sydney Leagues Club v North Sydney Council was not appealed.
However this was appealed, according to NSW Caselaw documents.
Mr Landsberry said he questioned "whether the panel was given the accurate and complete information regarding whether they had to at least consider the issue".
"[The JRPP] were not given the opportunity to consider a critical question on its merits, that being 'did they have to have regard to the zone objectives?'" he said.
Mr Landsberry said he also believed the development would not suit the area.
"The planning for this area says R5 [zoning], that is large lot residential in a rural environment," Mr Landsberry said.
"We were saying you can have seniors living here but it's still got to look like it's in a rural environment."
Wingecarribee Shire Councillor and nearby resident to the development Graham McLaughlin said he supported a review into the decision.
"All we're saying is we don't think it's reasonable that we have to go to the Land and Environment Court and spend motser to get a reasonable hearing," Cr McLaughlin said.
Cr McLaughlin also called on the NSW Minister of Planning and Public Spaces Rob Stokes to review the case.
"It's a planning issue," he said.
According to the assessment report, the development has been designed to reflect the predominate housing form "when viewed externally, dwelling separation will be reflected along Centennial Road".
This report was prepared for the SRPP in February 2019.
"The proposed housing form will be single storey while also continuing to provide a variety of residential housing options, predominantly for seniors or persons with a disability," the report said.
Conditions and amendments in place include that the priest cottage is to be retained and that the design of the application plan would have to be rejigged to accommodate that.
Other amendments include shared pathways and pedestrian islands to suit the conditions of the road.
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The Daughters of Our Lady of the Sacred Heart (OLSH) owned the 42 acre property for over 100 years.
Prior to the current planning controls coming into force under Wingecarribee Local Environmental Plan 2010, the property was zoned 5a Special Uses (School) under the 1989 plan.
This allowed seniors housing to be developed on the property subject to Council approval.
When the new 2010 plan was introduced, the site was rezoned to reflect the surrounding R5 residential zoning.
However, the 2010 plan recognised the long standing opportunity for seniors housing on the site to ensure that senior housing permissibility was retained.
