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Class 1 — Merit appeal Wingecarribee Shire Council 31 August 2026

Pivotal Planning Pty Ltd v Wingecarribee Shire Council [2026] NSWLEC 1614

Before: Dixon SC · NSW Land and Environment Court

SetbacksPrivacyTrees / LandscapingConciliation / AgreementDemolition

Summary

DEVELOPMENT APPLICATION – pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) for development consent granted by the Court

Catchwords

DEVELOPMENT APPLICATION – pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) for development consent granted by the Court

Outcome

The Court orders: (1) The appeal is upheld. (2) Development application DA25/0173, as amended, for the demolition of existing structures, earthworks, construction of a multi-dwelling housing development comprising 13 dwellings and tree removal on the land legally described as Lot 411 in Deposited Plan 733694, and Lot 22 in Deposited Plan 529628, known as 112 to 114 Mittagong Road, Bowral, and 116 Mittagong Road, Bowral, 2576, is determined by the grant of consent subject to the conditions of consent contained in Annexure A.

Legislation cited

Environmental Planning and Assessment Act 1979 (NSW), s 8.7 Land and Environment Court Act 1979 (NSW), s 34    Environmental Planning and Assessment Regulation 2021, s 38

Read the full judgment

Authoritative text on NSW Caselaw · ~13k words

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