The Suffolk Park Progress Association (SPPA) say they will request that elected councillors retain a decision-making role in a large mixed-use complex proposed for Clifford Street, after the Sydney-based developer commenced court proceedings against Council for refusal.
In a presentation to be given at this Thursday’s Council meeting, SPPA president, Donald Maughan, says that given the major concerns from the community, ‘We want community views to be represented, and we want the community be kept informed by our councillors throughout the case’.
Let down by West Byron representation
His speech reads, ‘Our Suffolk Park community’s concerns relating to the Land and Environment Court cases are validated by the way the West Byron development went in that same court’.
‘Decisions were made by staff on advice from Council’s external solicitors, with none of our elected Councillors at the table. That outcome left community with a feeling of capitulation and no representation in the process.
‘We, the Suffolk Park community, ask Council to urgently resolve today to retain their role as the decision makers in the court process and select a sub-group of councillors to have authority to make these decisions’.
Maughan says ‘Some, but not all of the community concerns are: 1. the development requiring use of neighbouring community land for APZ’s; 2. Totally inadequate parking allocation; 3. Exceeding height and bulk of the development; 4. Inaccurate traffic survey report; and 5. Building commercial development on R2 designated land’.
In response, Cr Duncan Dey says he has lodged an urgency motion, which reads in part that councillors only learned of the court case ‘last Friday’.
Urgency motion
His motion requests that ‘a group of three councillors be delegated authority, currently resting with the general manager, to make decisions arising out of the L&E Court case…’
The Echo asked the developers behind the controversial plan, Denwol, ‘Why isn’t Denwol seeking to negotiate in good faith with Council instead of going to court? Was Council’s rejection unreasonable, and if so, how?’
A Denwol spokesperson told The Echo that given the DA was before the court, it was ‘not appropriate to discuss the matter further at this time’. They did say, ‘We can confirm that prior to initiating LEC proceedings, we did endeavour to discuss the issues with Council’.
According to www.denwol.com.au, ‘Denwol is a Sydney-based diversified property group owned and controlled by Phillip Wolanski’.
Ralph James, Council’s Legal Counsel, told The Echo, ‘On July 19, 2022, the development application [DA 10.2022.137.1] was refused by Council. On September 9, 2022, the applicant commenced proceedings in Class 1 of the Land and Environment Court’s jurisdiction, appealing against Council’s refusal of the development application.
‘The appeal is listed for a Conciliation Conference on February 3, 2023’.
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