Background on case

At 277-293 Bong Bong Street, in the main street of the picturesque township of Bowral, is a largely vacant block which was once home to the Highlands Arcade.

In 2021 an unexpected fire razed the building, necessitating demolition of most of the structures on the site.

In July 2022 the owner of the site lodged a development application seeking approval for the redevelopment of the site.

Notwithstanding the overwhelming community support for the applicantā€™s development application, which sought to effectively replace the destroyed building like-for-like, albeit with a superior external design and internal layout, the application was refused by the Wingecarribee Local Planning Panel in August 2023 in accordance with Wingecarribee Shire Councilā€™s (Council) recommendation.

Three years on and an appeal later, the Land and Environment Court has found that the development is deserving of the grant of consent and has approved the construction of a two-storey retail and commercial building which will see six new retail shops, three new food and beverage venues and three commercial office spaces.

Key issues raised by Council

Council raised several issues in the proceedings concerning floor space ratio, heritage, access, parking, inconsistencies with the Wingecarribee Local Environmental Plan 2010 andthe Bowral Township Development Control Plan (DCP). Thanks to the proposalā€™s excellent design and the hard work and dedication of the consultants engaged in this matter, most of the issues were resolved prior to the hearing with the remaining issue in the proceedings relating to the provision of car parking. Specifically, the key issue in dispute was whether car parking credits should be applied.

In summary, parking credits are based on the premise that where there is a current use for which the parking that is not provided by the development is being catered for on-street, it is reasonable for this to be continued such that the only parking to be provided is any ā€œnew demandā€ generated. The purpose of affording a credit is to acknowledge circumstances where there is already an existing reliance on on-street parking to meet an existing parking demand, which will, and ought to be allowed, to continue with the proposed development.

Council contended that parking credits should not be afforded and therefore the proposed development was inconsistent with the objectives of the DCP in respect of car parking as only two spaces are proposed to be provided on site, as was the case prior to the fire. Whereas, the parking rates applicable under the DCP requires 85 spaces for the proposed development.

Evidence provided

We successfully substantiated the claim for parking credits through detailed review of the historical development of the site including approvals dating back as early as 1939. We were also successful in demonstrating:

  1. the proposed development reduces the car parking demand on the site from that which existed prior to the fire; and
  2. that based on traffic surveying, there is sufficient capacity in on-street and off-street parking in the Bowral Town Centre to accommodate the demand.
Commissioner findings

On this basis, the Commissioner found that the parking credits should be applied to the proposed redevelopment and in doing so that this satisfied the parking requirements under the DCP in full.

Our client was therefore not required to provide any additional onsite parking saving our client millions of dollars which would have rendered the project financially unviable and  potentially left the site a vacant eyesore for years to come.

We are very grateful to have played a part in the success of this development application and look forward to the positive contribution it will make to Bowral!

Read full case here: Sharjag Pty Limited v Wingecarribee Shire Council [2024] NSWLEC 1501