STOP PRESS

Land & Environment Court Hearing Developments

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The 303 Blackhead Rd developers have lodged

another set of amendments to their plans and the

Land & Environment Court have accepted them as

the plans in question on September 2

 

The saga of the proposed manufactured homes estate to be located at 303 Blackhead Rd is coming to some degree of finality in a hearing in front of Commissioner Walsh of the Land & Environment Court on September 2, 2020. Commissioner Walsh convened the on-site hearing at Tallwoods in August 2019 as part of an attempted mediation between the developer and Mid-Coast Council. A number of speakers presented evidence to the L&E Court that day on behalf of the community of objectors who had made their views known against the development.

 

The meeting failed to successfully resolve the issues that had rendered the development unacceptable in the eyes of both the Mid Coast Council and the greater Community of Hallidays Point. The developers chose to take the matter to the Land & Environment Court for final resolution, and that hearing is to now take place online starting on September 2. It was to have been heard in February this year, but the developers sought leave from the Court to place new plans in front of the Court in early January. The time frames involved meant that the matter had to be moved to a later date in the court’s annual program.

 

The community therefore had another opportunity to lodge objections to the proposed development and the additional changes, and many people took the chance to reinforce their previous comments. Courtesy of the COVID disruptions, the L&E Court has chosen to hear the matter online under the same Commissioner. Accordingly, the Community’s objections remain “live evidence” in the possession of the Court. The Council Solicitors have advised that the Community does not have to present further evidence to the Court as part of the Hearing. As Commissioner Walsh has already visited the site, there is also no need for the Court to convene on 303 Blackhead Rd in September.

 

This means that the Community will not have the opportunity to assemble in front of the L&E Court in support of MCC’s rejection of the proposed DA.

 

However, the developers have once again sought leave from the Court to yet again amend their plans in an attempt to improve their chances of having the DA rejection overturned. These plans were lodged with Council in mid July.

 

The plans are available to be reviewed on the MCC website

 https://www.midcoast.nsw.gov.au/Plan-Build/Application-Tracking

 

For full instructions on how to find these new documents, see https://tw303action.wixsite.com/twaction.

 

Once again, the community does not need to present evidence to the court, unless of course there are further concerns raised by the changes proposed in July. 

 

The new documents include freshly drafted reports on likely traffic impacts, bush fire risks, water pressure and sewage system impacts, plans to protect local fauna & flora, etc. These documents replace previous attempts by the developers to address the issues raised by the Community and supported by the MCC and their staff. As such any residents who have raised concerns about the potential impacts of this development are recommended to closely review these plans and contentions.

 

Individuals who find that their previous objections might not fully cover any additional nuances identified in these new documents can express their additional concerns by going to the online form available on Council’s website.

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To find the form click here.

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These comments are due before August 26 in order to be considered by the Court.

 

The culmination of this 4 year struggle is likely to resemble the last hours of an online auction over the period running up to September 2. The Community will have the opportunity to keep in touch with ideas, discussions and developments relating to the preparation for the L&E Court Hearing by going to https://tw303action.wixsite.com/twaction