Wingecarribee Shire Council has this month received confirmation of an amendment to Council’s Local Environment Plan (LEP) in relation to the land currently occupied by Gardens R Us in Bowral.
The amendment reinstates the R3 Medium Density Residential zoning of land located at the intersection of Bowral Street, Moss Vale Road and Holmhale Street, Bowral.
The change in the LEP was the result of the outcome of an application filed by Alcide DeAngelis with the Court of Appeal challenging Council’s decision to prohibit a mixed use development on the site.
Whilst the Court dismissed the appeal against Council’s processing of the previous Amendment, it did uphold the claim that the previous amendment was invalid due to a technicality regarding the authority to make the plan.
The Amendment has subsequently been notified with the NSW Legislation website as of Friday 16 October 2015. This action effectively ensures the site is once again zoned R3 Medium Density Residential.
“We think this move sends a clear message that both Council and the general community do not want to see inappropriate large scale redevelopment and expansion come at the expense of public amenity in an area considered as a gateway entrance to Bowral,” said Ms Prendergast.