Determined developer back again: action group vows to fight on
The developer behind a controversial 57-lot subdivision is back for more after Council refused the proposal.
Coffs Harbour
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The determined developer behind a controversial subdivision at Sawtell shows no signs of walking away from the plan.
The application for a 57-lot subdivision was first submitted to Coffs Harbour City Council in April 2018, but was met with a significant community backlash, with more than half the site containing primary koala habitat.
The site fronts Sawtell Rd opposite the Linden Ave intersection and continues through to the Hogbin Drive Industrial Estate and contains swamp sclerophyll forest – an endangered ecological community.
It has been a complicated, drawn out legal battle between the developer Regional Ethical Development (RED C) and Coffs Harbour City Council and later the Land and Environment Court (LEC).
Council’s Group Leader Governance Services Lisa Garden says the matter was scheduled for a hearing in early 2020 but the developer abruptly discontinued the proceedings.
“The applicant discontinued the appeal on the fifth day of a seven-day hearing and the application was not finally determined by the Court,” Ms Garden said.
“The Council was successful in obtaining a costs order against the applicant in relation to the conduct of those proceedings.”
In the most recent development in the protracted case RED C via Regional Architects has lodged an appeal against Council’s ‘actual refusal’ served in May 2020.
“Council has retained a number of independent experts as well as internal experts in these proceedings to defend its refusal of the application and has instructed HWL Ebsworth Lawyers to act on its behalf.
“These experts and solicitors acted for Council in the previous appeal.
“Council is unable to comment further upon this matter as it is the subject of current court proceedings.”
Regional Architect Pty Ltd director Dan Stevens has been contacted for comment.
Dave Wood from the Save Lot 2 Action Group was surprised to learn of the latest appeal and has urged the community to once again speak up against what he says is unethical development.
“The community has until July 29 to resubmit previous submissions objecting to the destruction of an endangered ecological community, standing hollow trees, habitat for a range of threatened species, and protected primary koala habitat and critical junction in the local koala corridor.”
The Advocate understands a conciliation conference between parties is listed for September 27.
To find out more about the development search council’s DA Tracker and look for No: 0818/18DA.
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