One of the developers behind the contentious and large-scale West Byron urban/commercial development on Ewingsdale Road is taking Council to court over a deemed refusal, despite it being yet to be determined by the government-appointed Joint Regional Planning Panel (JRPP).
According to Council staff, property development management firm Site R&D Pty Ltd has asked that Council’s deemed refusal ‘be set aside and that the applicant’s development application (DA) be granted.’
According to www.au.linkedin.com, the director of Site R&D Pty Ltd is Stuart Murray, who is based in Newcastle.
The Echo understands Site R&D is one of a group of ‘locals’ who submitted their West Byron DA to the JRPP. A separate West Byron DA was submitted to the JRPP by QLD-based developer Villaworld and Sydney developer Terry Agnew.
Senior legal counsel Ralph James told The Echo Council believes that development consent should be refused. ‘Council’s statement of facts and contentions was filed on September 11, 2018. The applicant is to file and serve its statement of facts and contentions in reply by October 24. The proceedings are listed for a conciliation conference under Section 34 of the Land and Environment Court Act 1979 on February 12, 2019.’ Mr James added, ‘In the meantime, the proposal will go before the JRPP on October 8. If the JRPP refuses the proposal, the appeal is likely to continue as scheduled. If the JRPP grants consent, it will be a matter for the applicant as to the fate of the appeal.’