No resolution has been reached following the NSW Land and Environment Court (LEC) conciliation process between developer Justice Fox Property and Bega Valley Shire Council over a proposed seniors village in Merimbula.
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The court held an onsite meeting at Lakewood Drive, Merimbula on Thursday, September 28 in an effort to reach agreement between the two parties about the seniors village development for 89 units spread across five storey and four storey buildings.
The proposal has created considerable concern for nearby residents who have cited size, access and traffic issues with the proposal. Around 20 residents were at the onsite meeting on Thursday, with several speaking against the development.
Bega Valley Shire Council staff and legal representatives attended along with legal and planning representatives for the developer. Acting Commissioner Matthew Pullinger presided at the onsite meeting.
The proposal was refused by the Southern Regional Planning Panel (SRRP) in August, 2023 but even before the SRRP decision, the developer had taken the matter to the LEC on the basis of a deemed refusal. A DA which takes more than 40 days to be decided, can be taken to the LEC by the developer.
Council is against the proposal as it stands and has said that the density and height of the building are not acceptable.
The height limit for the site is 10metres which can be extended to 13.8metres but the developer wants a height of 15.9metres for the building.
In its assessment report council said the bulk and form of the proposal was excessive and bore little to no resemblance to the built form or locality, or the development envisaged under the planning controls for the site in an R3 zone.
Resident Jan Hanberg raised safety issues around bushfires given there was only one road in and out of the location.
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Another resident Catherine Phillipps said it was supposed to be seniors living but there would be no access to services, and not within walking distance.
Ms Phillipps was concerned the development would end up being "luxury living on the lakeside" for anyone who could afford it.
After residents spoke the onsite meeting went into a confidential session with the parties concerned. As part of the session resident Sharon Kinnes invited the Acting Commissioner, and representatives of the council and developer to come to her home to view the site and see how close she would be to the development.
With no final result after the confidential conciliation meeting, it has been adjourned until October 23 for a continuation of conciliation proceedings.
The LEC tries to get the parties to agree on a way forward if possible but if a resolution is not forthcoming, the developer has the option to take the case to a hearing.
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