Give the development support or I’ll take you to court: applicant

A Dubbo developer has told Dubbo Regional Council they will take their plan to the Land and Environment Court if it is not given approval.

Three significant planning proposals will once again be on the agenda at the upcoming Dubbo Regional Council meeting.

A planning proposal for Southlakes, a development application for an expansion at Club Dubbo and a plan for four multi-dwelling houses will go back before the council after they were deferred at the November Meeting of Council.

The multi-dwelling houses are proposed for Wingewarra Street. The development application is for four terrace houses which include two bedrooms, two bathrooms and a garage.

I consider the submitted information to be sufficient grounds for an appeal to the Land and Environment Court if the proposal is refused by council.

Applicant to Dubbo Regional Council

However, the application has been recommended for refusal from council staff for a range of reasons, such as it not complying with the minimum lot size for multi-dwelling housing and the driveways to the four terraces being deemed dangerous to the road network.

Despite council’s recommendation for refusal, in the applicant’s correspondence to council they said they believed they had provided sufficient information to satisfy council’s requirements for approval to be given.

“I consider the submitted information to be sufficient grounds for an appeal to the Land and Environment Court if the proposal is refused by council,” the response said.

“I will not be providing any further information and kindly request that council determine the application on the information provided thus far.”

Councillors voted for the application to be refused at the planning, development and environment committee meeting on November 20.

At the time committee chair Stephen Lawrence said the recommendation to refuse the development application was based on an assessment that found it did not represent the orderly development of the land and could pose a traffic safety threat.

However, at the ordinary council meeting the following week it was decided to defer the decision so more information on the development could be gathered.

Club Dubbo’s upgrade and extension, which has been met with criticism from neighbours, was also deferred at the ordinary meeting after being recommended for approval at the planning committee.

The next step for the development of Southlakes Estate underwent the same treatment. It was first recommended for approval before being deferred the following week.

The Southlakes proposal includes the rezoning of 19,500 square metres of land from R2 Low Density Residential to B1 Neighbourhood Centre, to allow for the establishment of a neighbourhood shopping centre.