The Land and Environment Court has ruled a large scale unit development in Anson Street, St Georges Basin can go ahead after an appeal by the developer was upheld.
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Shoalhaven City Council had refused the development application for a total of 54 residential units at Anson Street on several grounds, including that the development was not within the public interest.
Throughout the court process council negotiated several amendments to the original proposal, including changes to setbacks, the number of units, height of the buildings and privacy screens and other adjustments.
The commissioner noted that “the final amended application is a vast improvement on the original design”.
The court found there was no longer any urban design basis to refuse the development application and the development now complied with the requirements of State Environmental Planning Policy 65 (SEPP 65).
The St Georges Basin community actively participated in this legal process, providing significant objections to the application, including direct submissions to the court including concerns regarding the character of the development, visual impact, privacy and overshadowing, traffic impacts and height impacts.
Shoalhaven Mayor Amanda Findley thanked the community for participating in the court process.
“I know that the community are passionate about their neighbourhood and had desired to ensure that the impacts of this development did not impede on this beautiful place,” Cr Findley said.
“It is unfortunate that this court proceeding was not successful for council or the community, however we continue to wait for resolution of the other matters still pending with the court.”
Further matters in relation to this site, including the overall masterplan, are still pending with the Land and Environment Court.
