Event and Time
Event Description
- An appeal concerning Development Application (DA) 2022.1182 for alterations and additions to existing commercial/retail development at 121 Wallace Street, Braidwood, was initiated after its refusal by the local council.
- The appeal included a conciliation conference and an eventual agreement reached between the parties for development consent under the Environmental Planning and Assessment Act 1979 (EPA Act).
Application and Claims
- The applicant submitted a development application that proposed:
- Demolition of existing structures - Construction of a storage shed - Erection of an awning for hazardous materials - Installation of storage racks - Construction of a new concrete driveway and pedestrian ramps - Removal and installation of new signs
- The council denied the DA, which prompted the applicant to appeal.
Judicial Decisions
- The appeal was upheld, granting development consent for the proposed alterations and additions subject to conditions outlined in a court annexure.
Dispute Points and Legal Basis
Dispute Points
- Applicant:
- Argued for the necessity of alterations for continued commercial use. - Presented evidence showing compliance with environmental and planning regulations, including stormwater management.
- Council:
- Initially rejected the application based on concerns about environmental impacts and compliance with local planning regulations. - Highlighted the fourteen public submissions expressing concerns over the development's potential impact.
- Residents:
- Provided oral evidence during hearings regarding concerns over environmental implications and landscape aesthetics.