Development pains….and legal costs!
sue June 13th, 2008
Last week Council decided to support a recommendation to build two 8 storey buildings on a site bordered by the Esplanade, Frank St and Freshwater St. Because several blocks had been purchased the total land holding was over 7000sqm but a sewer line traverses the blocks so the development has been split into two buildings. The site is zoned Mixed Use which can allow total site cover if shops etc are provided on the ground floor. The building at the rear of the site facing Freshwater St has no shops but is still sited very close to the boundary. I believe that this development, once again, is an over development of the site and am sad that setbacks and recessioning has not been included in the building design. I believe the development does not meet the intent of our Planning Scheme so I voted against the development. Pleasingly I was supported by Councillors McNeven, Hawes, Hovard and Arthur but the vote was carried by the majority of one. Those in support of the development were Councillors Harris, Nioa, O’Connell, Muckan, Dalgleish and Kruger. I am personally sad that the buildings gained approval but pleased that some Councillors voted against this development. I am hopeful that Councillors will insist that a more rigorous approach is taken with assessing applications and that recommendations to Council are to refuse an application that doesn’t comply more closely to our Planning Scheme. I also am concerned that this development did not require public notification which is something I would like changed within our Planning Scheme as soon as possible.
This leads me to the last issue making the papers this week in relation to legal costs. Yes we do have legal battles with developers. If we didn’t have these battles it would be simply a case of letting developers develop however they want. I am sure that if the development application that I have mentioned above, had been rejected a legal challenge would have ensued. This is not something Council chooses but is a result of State based Legislation over which we have no control. A developer does have the right to challenge Council decisions and Council, in my mind has an obligation to defend its decisions.
- Development issues
- Comments(0)