The developer has submitted a fresh application to the Bega Valley Shire Council, with its original plan the subject of a Land and Environment Court case.

As reported in the BDN previously (13/12/13), the decision of the court was to suspend any legal proceedings until consideration is given to the new DA by the council.

BVSC planning services manager Keith Tull said the layout in the new DA remains essentially the same as in the previous plans.

However, the major point of difference was the entire building has been shifted three metres closer to Young St, reducing the setback from the street from six metres to three.

“This allows for a larger setback from the laneway and allows for future lane widening [a suggested amendment discussed at a previous council meeting],” Mr Tull said.

He said the height also remains the same aside from a screened condenser unit on the roof an approximately 300mm higher than in the previous plan.

The shift closer to Young St and residences on the other side of the street would likely change the development’s impact on their views, however, Mr Tull would not comment other than to say such visual impacts would make up part of the council’s assessment process.

He said as it is a new development application, the process starts from scratch with the assessment process and public feedback to take place over coming weeks.

Mr Tull said, depending on submissions received, issues raised and the results of the council’s assessment process, a report is likely to be before council for determination in late February or early March.

The full proposal is available on the Bega Valley Shire Council’s website, and the public is invited to leave submissions.

All submissions required to be received before January 22.

To view the submission, visit www.begavalley.nsw.gov.au and follow the links to “Your Council/Public Exhibition/Advertised Development Proposals”.