The $8.9 million proposal 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 – due to an administrative error.
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The Northern Regional Planning Panel (NRPP) had been scheduled to meet in Bellingen on January 24 to determine this application, however a final review of the application by council staff has identified an advertising error that needs to be rectified before determination of the application.
Specifically, although the Development Application (DA) 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 the council’s legal advisers have confirmed it is essential the procedural requirements of the SEPP are observed to ensure any determination made in respect of the DA is legally valid.
Council has been in contact with the applicants for the development and the NRPP to advise them of the postponement.
Council acknowledges the inconvenience this has caused various parties however it is essential 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, as well as a chance to offer more input into this significant development proposal.
All submissions made to date in respect of the DA will continue to be considered, and it is not necessary for those persons to make another submission. 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 and the date of any future meeting scheduled by the NRPP 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 also be provided to the submitters of the date of any future DA determination.
