Development Application 2018/DA-0025 which proposes to redevelop the Carl Foster Service Station site in Bellingen with 15 Residential Units, and a Retail Premises, is to be re-advertised for public comment by Bellingen Shire Council. The Northern Regional Planning Panel had been scheduled to meet in Bellingen on 24 January 2019 to determine this application, however a final review of the application by Council staff has identified a minor procedural issue with the advertising of the application that needs to be rectified before the application can be determined.
Specifically, although the Development Application was advertised for 21 days in accordance with Council policy, there is a separate requirement for the advertising of contaminated land remediation works in a State Environmental Planning Policy (SEPP) that prescribes a minimum advertising period of 30 days for remediation works within a Heritage Conservation Area.
The remediation of the land is a minor and ancillary component of the overall development proposal, however Council’s legal advisors have confirmed that it is essential that the procedural requirements of the SEPP are observed to ensure that any determination made in respect of the Application is legally valid.
Council has been in contact with the Applicants for the development, and the Northern Regional Planning Panel, to advise them of the need to readvertise the Application, and the need to postpone the determination meeting that was scheduled for 24 January 2019. Council acknowledges the inconvenience that this has caused various parties however it is essential for all parties concerned that any determination made in respect of this matter is legally valid, which leaves it with no choice but to proceed with re-advertisement.
During the course of assessment a number of minor variations have been made to the development proposal and the re-advertisement will provide the community with additional opportunity to review those minor changes, and additional opportunity to provide input into this significant development proposal, should they so desire.
All submissions that have been made to date in respect of the Development Application will continue to be considered, and it is not necessary for those persons to make further submissions in order for their views to be considered in the assessment process. Should they wish to make further submissions though, then these will also be considered by Council.
Similarly, any person who has made a submission to date will receive further advice regarding the postponement of the meeting that was scheduled for 24 January 2019, and the date of any future meeting scheduled by the Northern Regional Planning Panel to determine the DA.
Should Council receive any further submissions in response to the re-advertising of the DA then those submissions will be acknowledged, and notification will provided to the submitters of the date of any future meeting scheduled by the Northern Regional Planning Panel to determine the DA.
Council will proceed with the re-advertising of the Development Application as soon as is possible.
For further information contact Matt Fanning, Deputy General Manager Operations on 6655 7300.
Authorised by Michelle McFadyen, Acting General Manager