Paul Bibby
The opposing sides in the battle over the West Byron mega housing development are flexing their legal muscles, with preliminary court proceedings set to commence next month.
Having had their development application for the controversial project refused by the Northern Regional Planning Panel (NRPP) late last year, Villa World Byron Pty Ltd has appealed the decision in the Land and Environment Court (LEC).
There are two DAs for the proposal – the other is by Site R&D, who are a consortium of ‘local’ landowners. Their LEC battle is looming after their DA was refused by the NRPP, and lodged court proceedings before the decision was even handed down.
Should Villa World successfully overturn the NRPP’s decision, it would pave the way for the development to go ahead.
The first stage of the pivotal case will begin on August 20 when a compulsory conciliation conference is held on the side of the proposed development in Ewingsdale.
Closed to members of the public, the conciliation hearing is expected to see Villa World (which is owned by Tower Holdings) put forward a new proposal that is reduced in size and scale.
Facing Villa World in the hearing will be Sydney law firm Marsden’s, who will be receiving their instructions from Byron Shire Council.
Those locals submitted a formal objection to the proposal received letters last week inviting them to apply to address the conference.
‘Residents who objected may have the opportunity to inform the Court orally of their concerns in relation to the development,’ the letter said.
‘The presiding commissioner will have discretion as to whether the residents may speak.
Those allowed to speak will not be allowed to stick around at the conference because it is strictly a conciliation between the parties.
Council’s policy regarding the number of speakers at such conferences is to ‘provide for the just, quick, and cheap disposal of proceedings’.
It further states that the number of persons speaking on-site should be limited to a maximum of six, with preference given to those residents directly affected by a proposed development.
If there are contentions that extend beyond the immediate area of the site, such as impacts on the character of the area or wider traffic implications, then a representative person raising this contention should make a submission on-site.
Residents wishing to speak are asked to register their interest via email to Adriana Kleiss akleiss@marsdens before August 6. They’ll then be contacted about who’s speaking.
The Villa World DA (No. 10.2017.201.1) seeks consent for a subdivision of the Ewingsdae site into 282 residential lots, construction of roads, acoustic barriers and retaining walls, and other associated infrastructure works.
It also includes concept plans for the creation of a new road between Ewingsdale Rd and a new light industrial estate.
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