The NSW Court of Appeal has this week delivered judgment on an appeal by Wingecarribee Shire Council against a decision in the Land and Environment Court in the proceedings commenced against Council by Alcide DeAngelis.
All three judges of the Court of Appeal found unanimously in favour of Council.
The proceedings relate to a mixed use development proposed by DeAngelis on the corner of Bowral Street, Moss Vale Road and Holmhale Streets, Bowral, on land currently occupied by Gardens R Us.
The latest appeal concerned the interpretation of the Wingecarribee Local Environmental Plan (WLEP) 2010 and whether a savings provision should be read into an amendment to the WLEP. This amendment was made last year and changed the zoning of the site from B4 Mixed Use to R3 Medium Density Residential.
The Court of Appeal upheld Council’s position that the savings provision does not apply to the amendment. The effect is that the zoning of the site is changed from B4 Mixed Use to R3 Medium Density Residential and the proposed development sought in the location is prohibited.
The matter will now go back to the Land and Environment Court for formal dismissal of the original proceedings commenced by DeAngelis.
The Court of Appeal ordered DeAngelis to pay Council’s costs of the latest appeal to that Court.
“We think this is a great result for Bowral,” said Wingecarribee Shire Council General Manager, Ann Prendergast.