Residents and oyster farmers are preparing to do battle over a DA (development application) for a 15 lot development close to the boardwalk at Top Lake, Merimbula and have formed a committee to press their case.
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The owner Ray Miller, of Lot 172 DP 1157144, bordered by Lakewood Drive, Tern Close, Hillmead Crescent and Top Lake, has re-submitted a DA to Bega Valley Shire Council which if approved would see the development of 15 blocks on 3.24ha; the original proposal in June 2013, was for 23 blocks.
However residents are unimpressed with the changes to the DA citing the steep land, proximity to the lake, pollution risks and density proposed (some blocks are proposed as four or more units). They are also angry that council’s letter informing them of the DA’s exhibition dated January 9 was not received until January 16 with a closing date for submissions of January 25, especially at a time when some people were still on holiday.
This has since been rectified with council extending the DA exhibition time until February 9.
In its letter to nearby residents the newly-formed committee states that council’s Local Environmental Plan (LEP) 2013 specifies a 1000sqm minimum lot size while the Department of Primary Industries requires a 100m buffer zone for oyster areas and lake ecology.
However 11 of the 15 lots are under 1000sqm and a 75m buffer zone is proposed. In his application Mr Miller said: “In this instance we consider that adherence to the development control plans minimum lot size of 1000 sq metres is neither justified nor warranted.”
Mr Miller is proposing to dedicate 1.7ha as foreshore reserve to allow “greater access opportunities for the public”.
Over 20 objections in writing have been prepared and oyster farmer, Dominic Boyton is also writing to council.
“I don’t think the DA has changed that much from the last time,” Mr Boyton said.
“Our main concern is run off into the lake particularly with the soil there which is very high in aluminium. This means it becomes very acidic when in contact with salt water which is not good for the oyster industry.”
Mr Boyton said there had been a storm event in the 1990s which had caused soil erosion into the lake and had affected oyster growth for a number of years afterwards.
See Letters page 8.
