Council Wins Court Action Over Serious Planning Breaches

Wingecarribee Shire Council welcomes the judgment handed down on 29 October 2025 in Wingecarribee Shire Council v Golman; Wingecarribee Shire Council v Lake House Bowral Pty Ltd [2025] NSWLEC 125, relating to unlawful development works at 27 Kimberley Drive, Bowral. 

The Land and Environment Court convicted Serge Golman of three offences and Lake House Bowral Pty Ltd, as landowner, of one offence under Class 5 criminal proceedings. 

The convictions relate to unauthorised development undertaken between April 2022 and March 2023, including: 

Unauthorised works to the dwelling:

• construction of a rear extension 
• excavation and construction of a retaining wall 
• installation of an awning to the front of the residence 

Unauthorised works to farming stables: 

Conversion of the building to include a kitchen, dining area, laundry, living room, two bedrooms and three bathrooms. 

Unauthorised earthworks:

Significant excavation and the removal of approximately 5,300m² of Southern Highlands Shale Basalt Dry Forest and underlying soil, as well as unauthorised filling. 

The Court ordered:

• A penalty of $210,000 against Serge Golman 
• A penalty of $150,000 against Lake House Bowral Pty Ltd 
• Publication of notices at their own expense 
• Payment of Council’s costs 

These proceedings follow earlier Class 4 civil enforcement action in which the Court ordered extensive rehabilitation works and required Lake House Bowral Pty Ltd to pay Council’s costs of $120,000. 

Wingecarribee Shire Council’s General Manager, Lisa Miscamble, said the outcome sends a clear message. 

“This judgment reinforces that development must follow proper approvals and that unlawful activities will be met with firm action. Council is committed to upholding planning laws, protecting our environment and ensuring our community can have confidence in the integrity of the planning system.” 

Wingecarribee Shire Council will continue to take all necessary steps to protect environmentally sensitive areas and ensure compliance with statutory planning requirements.