Council Update - Corowa Subdivision - DA 2020/162

Published on 24 September 2021

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Council wishes to provide the community with the following update in respect to Development Application 2020/162 – Residential Subdivision Corowa.   This matter is before the NSW Land and Environment Court.

This week, 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 the 1 October 2021 before the Commissioner then is expected to make the determination.  A report has been prepared to present to Council at its next meeting to be held commencing on 9.30am on Tuesday 28 September 2021. The matter will be dealt with in the open session of Council. 
 
Councils meetings are livestreamed and Covid-19 regulations regarding social distancing, means Council is limited in the amount of members of the public, who can attend the meetings. Once the meeting room numbers are met, unfortunately Council will not be allowed to have any attendance over and above this, and seating is available on a first in approach. Standing is not permitted.
 
The proposed development for 335 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 futher update will be provided after the Council meeting, and then when possible after the Court determination, following the receipt of the information they have requested by Friday 1 October 2021.
 
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