The Broulee Mossy Point Community Association convened a public meeting last night to consider the Development Application for 92 Smith Street, Broulee. Some 180 people attended the meeting. The overwhelming opinion was to object to the DA on many grounds, the prime objection being that the height of the building at 11.5 metres exceeds the maximum allowed by the LEP of 8.5 metres.
The meeting was attended by Warwick Winn , the General Manager of the Council and Councillors Anthony Mayne, Tubby Harrison and Tanya Dannock. The Mayor, Mat Hatcher, was a late apology.
The General Manager's presence and willingness to engage on a number of issues was clearly appreciated b those in attendance. When Councillor Mayne acknowledged and thanked the GM for joining the community event, the round of applause that followed clearly showed the appreciation.
The consensus of those attending was that Mr Winn was particularly helpful in explaining to the meeting the due process that the Council will undertake to assess the DA. He also clarified that the process of lodging an objection was a reasonably simple one and encouraged community members to object where they thought there were reasonable grounds.
Broulee Mossy Point Community Association executive noted: "The number of people attending the meeting was a reflection of community concern about the proposal. There was great concern that if approved this may form a precedent for future Broulee Mossy Point development. There were many references to earlier Council commitments that Broulee would remain as a village with a village character. Many thought that the height and character of the proposed development were contrary to this". With the mayor being an apology, Councillors Tanya Dannock and Anthony Mayne thanked the community for their input and encouraged their submissions. "You voted us in as Councillors to represent you" said Clr Mayne, and we are here tonight to hear your views. It is also important though that you take the time to put in a submission. "We have clearly heard tonight the concern from many speakers about the development being in breach of the height restrictions in the LEP of 8.5metres and setting a precedent".
Councillor Tanya Dannock also thanked those present and encouraged submissions given the concerns raised.
For those unable to attend and for the many non-resident ratepayers who own properties in Broulee the following notes have been provided to The Beagle for your information:
The meeting was convened by BMPCA on behalf of the community in response to concerns about the proposal and its possible implications for the village of Broulee.
Both Andrew Bain (President) and Ross Hayward (vice President) chaired the meeting and welcomed Warwick Winn, the ESC General Manager and Councillors Anthony Mayne, Tanya Dannock and Tubby Harrison. Unfortunately, the Mayor Matt Hatcher, who was planning to come, was unable to do so at the last minute.
Main Issues Raised in the Questions and Answers session:
· The Development Application is part of the NSW planning process which either follows the code or not. Any breach of the code needs to be referred to the Council for approval after the exhibition closes on 13 February.
Council is unable to extend the time to accept submissions however some leeway of a day or two for lodgement will be allowed.
The site is 2200 square metres (about half an acre). There are seven separate buildings, five of which are individual units and two are shared. This compares with an alternative type development on the same sized area of four 550 sq m lots each capable of eight dwelling units. Is this possible and how is it tested?
The proposed buildings exceed the Eurobodalla LEP 2012 height level of 8.5 m by 3 m. Approval of the increase in height would create a precedent for development in Broulee.
The Reduced Level (RL) under the Australian Height Datum (AHD) is the correct level to measure the height of the buildings.
Consideration of DA addresses not only the height but sewerage, water infrastructure, traffic and roads among other criteria.
Apart from the height limit, proposal increases density significantly – this needs to be considered. Intensification is an important part of the assessment process.
Concern about kerb and guttering. However this directs polluted stormwater to South Broulee Beach. More environmentally sustainable to direct stormwater to verge in sandy environments.
LEP specifies village characteristics and the DCP mentions the maintenance of village character. These controls must be considered in assessment.
The applicant may be asked to change the proposal if it doesn’t meet the code. This is the beginning of the assessment process.
The elected Council makes the final decision. Needs robust, public and transparent decision by Council.
Worrying outcome for community is if Council declines development and developer takes it to the Land and Environment Court.
How much weight does Council give to Landscaping plan and how binding are specifics of that approval? This issue is critical for village. It will be part of assessment process and Council can enforce conditions.
LEP is a reflection of community’s wishes. Keep focus in submissions on LEP and Code. These are on Council website. Don’t hesitate to talk to the duty planner.
Crux of proposal is height limit. Is rooftop terrace necessary part of development? Complicated design to obtain an extra floor.
Precedent for higher prices in Broulee?
Both Anthony Mayne and Tanya Dannock encouraged community to send submissions and seek help from them if needed during preparation.
If Council weakens controls – not meeting wishes of community and the precedent will haunt us forever.
Who better to decide the future character of the locality than community?
Bulk and scale of development has implications for village setting and atmosphere. Parking, traffic congestion, blocking sunlight, setbacks, privacy need to be taken into account.
Heartening that so many people care about our village. It is a National Treasure – protect it!
Clause 46 variation outlines all the reasons for height increase. Address these responses individually as the heading says “deemed to comply”.
BMPCA will organise information links for ease of access and possible draft points for submissions.
Many thanks to all attendees, it is estimated that at least 180 community members attended.
Below are some links to :
· The Council LEP and DCP that relate to the address.
