The future of a proposed seniors village in Merimbula's Lakewood Drive remains unknown after last minute amendments by the developer Justice Fox Property, were sent to the Southern Regional Planning Panel (SRPP) late on August 14.
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The documents arrived too late for consideration by the SRPP panel at its determination meeting held August 15.
The panel led by Chris Wilson, will meet to discuss the proposal with either deferral or refusal as their options at this stage.
There has been strong opposition from the community to the development which proposes a five-storey building, a four-storey building with ancillary leisure and communal spaces, 141 car spaces, landscaping, vehicular crossings, and business identification signs.
Speaking for the developer, Ivan Kokotovic said the amendments included the removal of the top floor of the smaller builder which reduced the number of units from 89 to 86.
The buildings' height has been a major concern with a maximum height of 15.9 metres proposed. The permissible height limit for the site is 10 metres.
In relation to concerns about the asset protection zone infringing environmental areas, Mr Kokotovic said the company was now negotiating with the new owners of Robyn's Nest to see whether an easement could be secured for which the developers would be responsible and would maintain.
The height is not warranted.
- Adam Coburn, Expert Assessment Panel
However these are just two issues in an extensive list of concerns raised by the SRPP about the DA.
A comprehensive assessment report which recommended refusal, had been drawn up for Bega Valley Shire Council by planners from the Department of Planning and Environment's Expert Assessment Program.
Adam Coburn, of the Expert Assessment Program said refusal had been recommended for the DA on a number of grounds.
"The key areas are the bulk, size and scale which are considered excessive and not in keeping with the area," Mr Coburn said.
The design of the units attracted negative comment over the building separation, the development's long undesirable and unattractive streetscape, visual privacy, natural ventilation, and acoustic privacy.
Mr Coburn raised questions over access - there is only one way in and out of the site - visual impact concerns and said there were a number of items where insufficent information had been provided.
"The APZ (asset protection zone) goes into a C3 area where a seniors village is not permitted," Mr Coburn said.
"The height is not warranted," Mr Coburn said, adding that the bulk and scale hadn't been designed to minimise its visual impact, there was a bushfire risk and there were matters of biodiversity that needed addressing.
The Expert Assessment Panel said the proposal was inconsistent with the desired future character of the locality which was as a two to three storey residential development.
The proposal attracted 59 submissions objecting to the development, mainly from residents within the locality and was not considered to be in the public interest, the Expert Assessment Panel concluded.
If the matter is deferred SRPP chair Chris Wilson said it would go back on public exhibition with the opportunity for comment.
A decision on deferral or refusal has been promised in seven days. The DA is also sitting with the NSW Land and Environment Court as it was classed a deemed refusal, having not been decided in 40 days.
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