An eleventh hour attempt by the Lakewood Drive seniors village developer Justice Fox Property, to get the DA deferred due to an amended design, has failed.
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The proposal for a 89 unit seniors lifestyle village in Lakewood Drive, Merimbula with five and four storey buildings, was refused on August 22, by the Southern Regional Panning Panel (SRPP).
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A determination on the DA was due at the SRPP meeting held on Tuesday, August 15 but with a long list of unresolved issues and a recommendation to refuse the development, DA approval was unlikely.
The developer informed the SRPP that the DA would be amended and a deferral was being sought for the panel to consider the changes, but the documents were not uploaded by the developer until the evening before the meeting.
With an eleventh hour amendment uploaded to the DA portal, the SRPP had to decide whether to defer the DA for further consideration of the changes, or to refuse it.
The developer wanted deferral and a chance of reconsideration of the DA which had provoked strong reaction from the local community.
However there was unanimous agreement by the SRPP panel which included Crs Mitchell Nadin and David Porter, that the DA should be refused.
The proposal in its current form is not in the public interest.
- Southern Regional Planning Panel
The panel said the issues of concern raised by council and the panel had been well known for over six months which gave adequate time for the applicant to address these matters well before the determination date.
Of major concern was the building height of 15.9 metres in an area where the maximum permitted height is 10 metres.
"The proposal in its current form is not in the public interest, noting its density, height, bulk and scale, which is inconsistemnt with the desired future character of the locality," the panel said.
Justice Fox Property had taken the DA to the Land and Environment Court for deemed refusal after a decision had not been made in 40 days. While waiting for a Land and Environment Court hearing, the SRPP continued its work and has now made the determination.
While the developer could challenge the decision in the Land and Environment Court, the list of issues with the DA, still remains and the recommendation for refusal was made using advice from the state government Expert Assessment Panel.
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