Corowa Subdivision - Council Update - DA 2020/162
Published on 30 September 2021
Council wishes to provide the community with the following update in respect to Development Application 2020/162 – Residential Subdivision Corowa. This matter is currently before the NSW Land and Environment Court.
At Tuesday’s meeting of Council, Councillors rejected an offer 8-1 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.
Prior to the Council meeting on Tuesday, Council representatives and expert witnesses presented to Court to participate in the Class One Proceedings relating to 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 1 October 2021. The commissioner also 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.
The proposed development for 306 residential lots to be delivered in 13 stages, involves 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, Corowa.
This application, in its previous form of a 355 lot subdivision, was lodged with Council in August 2020, and the subsequent assessment and requests for additional information to support an assessment continued until the 22 December 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 have been meeting 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. A further update will be provided to the community after the Court determination, which is expected to be delivered following the receipt of the information requested by Friday 1 October 2021.
Council would like to thank the community for their support and interest in the development.