Council Update - DA 2020/162 - 335 Lot Subdivision Corowa
Published on 17 June 2021
Council wishes to provide the community with the following update in respect to Development Application 2020/162 - 355 Lot Subdivision Corowa. The proposed development is for 335 residential lots to be delivered in 13 stages, involving 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 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 with a claim of deemed refusal of the development application.
The application to the court is appealing against the Respondent's (Federation Council) deemed refusal of Development Application No. 2020/162. Under the Environmental Planning and Assessment Act 1979 a developer can lodge class 1 proceedings in the event that the time taken to determine the application is longer than defined by the Environmental Planning and Assessment Regulation 2000.
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. The date for the directions hearing has been set for Tuesday, 22 June 2021 at which time the Court will set a timetable for evidence to be prepared for a final hearing date.
Council has provided a brief update to all objectors to the application and further updates will be provided in due course as and when considered suitable. An update report will also be presented to the July ordinary Council meeting on this matter.
Ultimately a decision on this Development Application will be made by the Commissioner to be appointed to preside over the final hearing of the Land and Environment Court proceeding. Council assures the community that their views are being considered in all aspects of this matter and all submissions made to date will be presented to the Court. Please contact Council’s Director Development and Environmental Services, Ms Susan Appleyard, for any enquiries in relation to this matter. Given it is a legal proceeding, Council is limited in its ability to provide information in relation to any specifics of this case at this point in time.