DA 2020/162 - Council Update Corowa Subdivision
Published on 29 October 2021
Council wishes to provide the community with the following update in respect to Development Application 2020/162 – Residential Subdivision, Cemetery and Redlands Roads, Corowa.
On Friday 29 October, Commissioner Dixon from the NSW Land and Environment Court, advised that the appeal by the applicant for the developer proposing the major residential subdivision on Cemetery and Redlands Road Corowa, seeking development approval, has been unsuccessful. Council were successful in defending this case.
Federation Council General Manager Adrian Butler, said he would like to sincerely thank Council, Council staff, Council’s legal and expert witness team and the community representatives who spoke against the proposal, for assisting Council throughout this matter.
Mr Butler said a further update report would be provided to Council at next Tuesday’s Extraordinary Meeting in respect to today’s determination.
Previous to the determination decision, 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 required upgrades to the Corowa Sewerage Treatment Plant.
The proposed development was for 306 residential lots to be delivered in 13 stages, and the proposal 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, Corowa.
The proposal has been met with strong community opposition from the outset. The original proposal was for a 355 lot subdivision, and it was lodged with Council in August 2020. The subsequent assessment and requests for additional information to support a detailed assessment continued until the 22 December 2020, when a class 1 application was lodged with the NSW Land and Environment Court, due to a deemed refusal by the consent authority given 40 days had elapsed since lodgement.
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.
Ultimately 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.
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. As noted above, Council resolved to reject this offer on the basis of potential exposure to much greater costs beyond the $2.8 million put forward for works, which includes required upgrades to the Corowa Sewerage Treatment Plant. The commissioner then 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 matter then proceeded through three days of hearings on the 20th to the 22nd of September and now the decision has been made.
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