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One to watch closely - Council to consider petition and the long term impact of compromising the exc


Councillor Anthony Mayne has given notice that at the

Ordinary Meeting of Council on

27 March 2018,

he will submit a petition provided to him by Alex Christlo on behalf of the Estuary Estate Residents. His MOTION will be THAT the petition be received and noted. petition he offers that the petition specifically states:

We the following petitioners hereby request that the proposed subdivision and construction of a public road between Clearwater Terrace and Oaks Ranch (Lot 1 DP 1236992) be referred to an Ordinary Meeting of Council for determination rather than having the

matter determined by Council staff. This will allow full consideration by Council of the many submissions opposed to the development and will also allow Estuary Estate resident representatives to address Council on significant issues of concern relating to

the proposed development.

The issues of concern relate to;

1) the lack of community consultation and transparency in the Council processes that have

led to the creation of Lot 1 DP1236992 in the Estuary Estate;

2) the very poor notification process relating to the proposed developments;

3) the lack of any meaningful consultation between the developer and affected residents;

4) the lack of information about the traffic impacts within and at the entry and exit points

of The Estuary Estate;

5) the lack of any consideration of the severe impact on the residential amenity, scenic

quality and lifestyle of The Estuary Estate;

6) the lack of consideration of alternative routes for any planned Oaks Ranch residential

and tourist development; and

7) the failure to minimize the potential conflict between land uses within The Estuary Estate

Large Lot Residential Zone and the development of residential in Oaks Ranch.

Council's General manager has already responded with:

"Council has received development application for the creation of two lots and a public road.

"The purpose of the application is to provide legal access to an existing development known as Oaks Ranch.

The Oaks Ranch has been used as a golf course, tourist accommodation and function centre and access is gained from a gravel road off the Princes Highway. The application proposes to formalise a paved access to the development off Clearwater Terrace and George Bass Drive. The application was lodged on the 12 January 2018 and notified to adjoining residents from the 15 January to the 2 February 2018. Council has received 38 submissions objecting to the proposal. The main concerns relate to: - Insufficient information provided with the notification; - Increased traffic/decreased safety; - Previous Oaks Ranch refusal; - Loss of amenity. Council’s Director Planning and Sustainability Services has the delegation to determine the application and it is proposed that this application be determined in accordance with the statutory requirements of the Environmental Planning and Assessment Act 1979. Should Councillors be of the view that the application be reported to a Council meeting, a resolution of Council should be made including reasons for the ‘calling up of the application’. *********************************************************************** What was the application that bought all this on? In December 2017 a Development Application was submitted for: PROPOSED 2 LOT SUB-DIVISION LOT 1 DP 1236992, CLEARWATER DRIVE, MOSSY POINT, NSW


Above: The block they want to subdivide and open up a Public Road through to connect The Estuary Estate (Clearwater Drive) with Oaks Ranch. The DA application wants to subdivide the land in Red above but the minimum lot sizes in that are are 5000m sq So the applicant wants special dispensation to go under that amount to let the application go through.

DA Purpose (in part) It is the intention of this variation application to request Council to consider varying the minimum lot size provision cls 4.1 of the Eurobodalla Local Environmental Plan 2012 through the operation of cls 4.6 of the same planning instrument and its consequences for the proposed two lot sub-division and infrastructure inclusion of allotment 1 DP 1236992. To achieve the desired outcome of the application and to retain the large lot residential character of the local neighbourhood, strict adherence to the minimum lot size provision would render an undesirable development and pose future land maintenance issues for Council and the land-owner. DA Justification (in part) The current proposal for the development on the land has in part, been driven by a desire by the adjoining Oaks ranch tourist Facility to re-establish both legal and practical access to the facility. The facility does at this time enjoy legal access. The current vehicle track from the west (to Oaks Ranch), relies on the good-will of adjoining properties for that access. Removing that dependency would be desirable for the facility owner and Council.


Above: The section of existing road that relies on "good will" of the owner for Oaks Ranch to access its property - option would be to construct road in grey legal road reserve.

The Development application concludes: "Certainly by giving consideration to variations of principle standards, irrespective of their history and genesis, places Council in a position to justify the action and place the particular request within its appropriate context. "However, there are some quite unique circumstances in the purpose and design layout of allotments and infrastructure forming the elements of the application in question and it is unlikely that these same factors would or could, be replicated elsewhere in great numbers. "Therefore, by granting the variation, it is unlikely that the Council would be establishing a precedent for such future action, and unlikely to set a pattern for universal standard digression.


Above: it is suggested that the land between the Highway and Mossy Point is ripe for large block development and that having a public road all the way through would be of tremendous advantage to those in the subdivisions accessing the George Bass Dr and the coast via the Estuary Estate and would provide a shortcut thoroughfare from the highway directly to Mossy Point.

#latest #Council #LocalStateFederal #Tomakin #Broulee

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