Following an onsite meeting at land in Lakewood Drive, Merimbula, the NSW Land and Environment Court is continuing to try and find a compromise position between the the developer of a proposed seniors village and Bega Valley Shire Council.
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The development of a five-storey building with 89 units on the elevated site overlooking the lake was opposed by council and was refused by the Southern Regional Planning Panel in August 2023.
But that is far from the end of the matter as the developer Justice Fox Property decided to take the proposal to the NSW Land and Environment Court.
The court held an onsite meeting at Lakewood Drive, Merimbula on September 28 in an effort to reach agreement between the two parties which was also attended by 20 local residents, some of who spoke against the development.
A conciliation conference between the developer and council on October 23 did not produce resolution and conciliation has been adjourned until November 8.
The Land and Environment Court can continue to try for agreement between the parties but ultimately if significant differences remain the developer has the choice to take the matter to a formal court hearing.
One of the issues at stake is the height of the proposed building. The Bega Valley LEP for the area allows up to 10 metres height. However as the NSW Land and Environment Court Commissioner Matthew Pullinger said at the onsite meeting in September, because the project is classed as seniors housing, other rules apply.
In the case of seniors housing under the State Environmental Planning Policy elevated height is allowed to 13.8 metres.
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The developer is looking for a further 3 metre exemption to reach the 15.9 metres in the proposed plan.
As is the case with most major developments, there is a ration of return sought depending on how many units/homes are allowed in the land area.
However in the case of the Lakewood Drive development there are other considerations such as access, bushfire mitigation and how that might be achieved without using environmentally sensitive C3 zones and the question of how many additional homes the existing sewer system can accommodate without an expensive upgrade.
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Denise Dion
Regional daily news journalist on the Far South Coast of NSW. Contact me on 0418 213 780 or at denise.dion@austcommunitymedia.com.au
Regional daily news journalist on the Far South Coast of NSW. Contact me on 0418 213 780 or at denise.dion@austcommunitymedia.com.au
