Update: proposed 8 Storey Development at 192 Anzac Highway

Update with regard to the proposed 8 Storey Development at 192 Anzac Highway.

Council has released legal advice, with the opinion that the development should be a ‘Category 2′ development.

A Category 2 development enables adjacent property owners to make submissions to the State Government Authority (SCAP) that will make a determination for the approval of this development. As owners of the verge, Council would also be able to make a submission to the SCAP for consideration.

Background

A developer lodged an application to SCAP for an 8 Storey mixed use building at 192 Anzac Highway, utilising a right of way access to the driveway of 190 Anzac Highway for access to the building.

I moved a motion that Council write to the Planning Minister, strongly opposing the development.

SCAP made an initial determination that it was a Category 1 Development, which was reversed upon questions from local residents.

I asked questions of Council Administration for Council’s Opinion as to the categorisation, leading to Council Administration seeking legal advice to this regard.

This legal advice has now been approved for public release by Council, and is attached here – Legal Advice regarding 192 ANZAC pg1-5

What does it say?

I’m not a lawyer, but reading the legal opinion it states that in the legal opinion of the writer, this should be a Category 2 development due to the fact that the ‘subject land’ is adjacent to a ‘Residential Zone’, as using the driveway of 190 Anzac Highway means that this becomes part of the ‘subject land’.

The SCAP is yet to make a determination of the Category, but if it determines to be a Category 2, then council, along with adjoining residents will be able to make submissions and be heard at the meeting of the SCAP to determine approval.

If SCAP determine it to be a Category 1 development, Council (and adjoining land owners) would be able to appeal this decision in the ERD Court. This would need the approval from a Council vote prior to Council expending time and resources on any appeal. I hope that Council would approve this to defend our Development Plan.