Justice Fox Property takes Merimbula seniors village DA to Land and Environment Court

Justice Fox Property's DA for the controversial five-storey development was refused on August 22 but residents likely to be affected by the DA have now received a letter from BAL Lawyers acting for Bega Valley Shire Council.

BAL Lawyers said the SRPP's decision did not materially affect the Land and Environment Court proceedings and so a conciliation conference scheduled for September 28 would still occur.

READ ALSO:

It will start with a site inspection and be followed by a confidential discussion between the parties (including their legal representatives) about the issues in dispute.

There will be an opportunity for a limited number of members of the public who made a submission to the council about the DA to make a brief oral submission at the start of the conference, to the Commissioner and the parties, prior to the site inspection and the parties commencing confidential discussions.

READ MORE: View from the sidelines: Grand final highlights

The applicant may also still seek leave to rely on amended plans and supporting information in the Court proceedings.

The matter looks likely to continue given Justice Fox Property's legal team has engaged Judith Stubbs & Associates to carry out a socio-economic impact assessment (SEIA) for the development.

In a door knock survey, residents likely to be affected by the development, were told the SEIA was being prepared in relation to an appeal against deemed refusal that is the subject of current Land and Environment Court proceedings.

Issues identified in the proceedings included the lack of a SEIA by the applicant.

Residents were told the purpose of the survey was to better understand the experiences of residents living near the proposed development, to further identify and understand the potential impacts (positive and negative) of the proposal from the perspective of those living nearby, and to identify ways that any concerns could be addressed if possible.

The SRPP found a considerable number of issues affected the suitablity of the development to the Lakewood Drive site and the lack of a SEIA was just one. If the matter is not resolved via conciliation the developer may choose to take it to a contested hearing, a costly action for the developer and council.

All written submissions made by members of the public to the council about the DA during the public notification period will be provided to the Court for consideration.

Our journalists work hard to provide local, up-to-date news to the community. This is how you can access our trusted content:

Sign up for our breaking news alerts and free weekly newsletter for the best in local news