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Byron Shire
March 5, 2021

Developer takes Council to court over deemed refusal

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Developer Callum Sked

Developer Callum Sked has taken his contentious plans to consolidate and develop three large lots with eight townhouses in Ocean Shores to the Land & Environment Court over a ‘deemed refusal’.

The proposal at 11 and 13 Warrambool Road and 9 Bian Court is vehemently opposed by all surrounding residents, who say the density of the area would be doubled and their quiet amenity and high ecological credentials destroyed.

Additionally, they claim their expert advice indicates much of the DA does not align with planning law and does not guarantee that stormwater issues can be adequately managed.

A landslip has previously occurred in the area and the land is located at the bottom of a steep valley over Council drainage.

Council staff confirmed the deemed refusal was a result of a DA not being processed within 40 days, which is a legislated requirement.

But resident Jennifer Goodavage says a geotechnical report, as required by a resolution of Council – 9.3 Lots Identified – was not submitted by Sked.

No geotech report

‘His DA states the report would be supplied later,’ Goodavage said.

‘That resolution amended chapter B14.2 of the DCP 2014 (Excavation and Fill) and specifies that unstable lands require geotechnical reports.’

Staff have not responded to questions regarding why that resolution was not upheld.

In the upcoming Council planning meeting for March 21 at 11am, staff have recommend refusal of the DA owing to it being inconsistent with a myriad of sections within the Environmental Planning and Assessment Act 1979.

Assessing planner Ben Grant says a 202 signature petition was received objecting to the development along with 19 submissions received from individuals and community groups.

Overdevelopment

He writes, ‘A broad range of concerns were expressed in the public submissions, with the majority relating to overdevelopment, lack of compatibility with existing character, tree removal, loss of amenity, stormwater, waste collection and geotechnical instability’.

Remarkably, Grant says the applicant plans to provide 280 compensatory plantings on another site approximately 2km to the north.

He wrote, ‘However, this receiving site is already fully allocated with offsets from another development’.

Staff told The Echo, ‘On February 25, 2019 the Court made orders [that] the matter is listed for a conciliation conference on September 24 commencing onsite at 10.30am and returning to Council chambers’.

Consortium

According to the DA, Sked is leading a consortium of landowners comprising of UK-based Eliot and Katherine Warrington, Edward and Anna Robins (of 9 Bian Crt) and former 9 Bian Crt owner Vince Lococo. Lococo is listed as owner of 11 Warrambool Rd in the DA.

Sked has been contacted for comment.

The Echo editor was previously an affected resident.


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