The Justice Fox Property Group is taking its DA for a senior's housing development in Merimbula's Lakewood Drive, to the NSW Land and Environment Court.
Subscribe now for unlimited access.
or signup to continue reading
The action is being taken as the DA has been deemed as refused.
The approval of the DA is currently with the Southern Regional Planning Panel but because a determination hasn't been made within 45 days, Bega Valley Shire mayor Russell Fitzpatrick said the developer can appeal it at the Land and Environment Court.
If the matter hasn't been dealt with in 45 days it can be considered a "deemed refusal" at which point the developer can take it to the Land and Environment Court for appeal.
The news comes amid a second exhibition period which is open until June 15 for community comments.
The 89-unit development over five storeys, by the Justice Fox Property Group is proposed for land adjacent to Robyn's Nest.
The $40 million development was being reviewed by the Southern Regional Planning Panel (SRPP). It has been a cause of concern for community members worried about overshadowing, parking arrangements, access and overdevelopment.
It is considered that while it might be a suitable proposition for a city, its bulk and size is out of place, particularly in Lakewood Drive.
Cr Fitzpatrick urged anyone wishing to make submissions to get them to council and promised that all submissions would get forwarded to the SRPP and the Land and Environment Court.
Submissions should be in by June 15 and can be made via council's website or by writing to The CEO, Bega Valley Shire Council, PO Box 492 Bega NSW 2550.