Large subdivision proposal rejected

Federation Council was successful in defending this case. Council’s General Manager Adrian Butler said he would like to sincerely thank council, council staff and council’s legal team for assisting council throughout the matter.

“In the best interest of council and the community, council’s staff, council’s external team and community objectors worked extremely hard to achieve this result,” he said.

At yesterday’s extraordinary meeting- called for other reasons-council’s director development and environmental services Susan Appleyard said two main questions have since been asked, with her answers.

“Can the applicant appeal the decision? Yes, but only on a point of law.

“Can the developer put in a new development application? Yes, but we have to take the commissioners determination into account. Given the determination of the commissioner, there’s a fair bit of work to do. I’d expect it to take 12-18 months.”

Cr Gail Law congratulated Ms Appleyard on the enormous length of time she has spent on the subject.

“We are most grateful to your council staff, and most grateful for your work,” she said.

Cr Fred Longmire endorsed Cr Law’s comments and Cr Paul Miegel said council had “drawn a line in the sand.”

“It protects council and ratepayers going forward, protecting future costs,” Cr Miegel said.

“It’s drawing a line in the sand to allow development to go through.”

Mayor Pat Bourke strongly defended his role, that of all councillors and council staff in the handling of the whole matter.

“I also congratulate our director and staff, they’ve done an amazing job,” he said.

Previously, to the determination decision, Federation’s councillors rejected an offer to enter into a voluntary planning agreement with the applicant.

Council rejected the offer on the basis of potential exposure to much greater costs beyond the $2.8 million put forward for works, which includes upgrades to the Corowa Sewerage Treatment Plant.

The proposed development for 306 residential lots to be delivered in 13 stages, involved removal of native vegetation, demolition of existing buildings, creation of three public reserves for the purposes of drainage and public open space and associated civil works at 169-199 Redlands Road and 42-80 Cemetery Road.

This application, in its previous form of a 355 lot subdivision, was lodged with Federation Council in August 2020, and the subsequent assessment and requests for additional information to support an assessment continued until the December 22, 2020, when a Class 1 application was lodged with the NSW Land and Environment Court due to deemed refusal by the consent authority.

Between January 2021 and June 15, 2021 Council and the applicants met in agreed Section 34 conciliation sessions under the Land and Environment Court provisions, in an attempt to see if both parties could reach an amicable decision on the development proposal.

"Unfortunately these sessions were not successful and on Tuesday, 15 June 2021 both parties involved in the proceedings agreed that the Section 34 conciliation should be terminated and the matter be referred back to the court for a directions hearing,” Mr Butler said.

Council representatives and expert witnesses presented to court to participate in the Class One Proceedings relating to the Development Application 2020/162.

On Wednesday, September 22 the commissioner requested consideration by council of the Voluntary Planning Agreement Offer, with the council report and minutes of the council meeting where this is heard, to be provided to the court by Friday, October 1, 2021.

After council’s rejection of the applicant’s offer, the commissioner requested the applicant review the draft conditions of consent that council would recommend the court place on any approval, if the court were to issue one, before 1 October 2021.

Corowa Community Action Group members are elated with the commissioner’s determined to dismiss the applicant’s appeal.

“Congratulations to everyone who submitted an objection,” the group’s statement read. “It has been a long journey to this point, but we’ve achieved a great result as a community.

“Now that this matter has been resolved let’s work towards having stronger guidelines put in place for the type of development we want to see.”

The statement goes on to read: “With NSW Local Elections on the horizon be sure your vote is used to see a professional, dynamic and community focused group of Councillors elected who will act on creating better planning outcomes for all.

“We’ll be sure to keep you up to date with future opportunities to have your say in shaping our future!”