A mayoral minute calling on council to write to state ministers in order to review a decade old development application near Moona Moona Creek, Huskisson has failed to get support from council.
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The development, located at 4 Murdoch Street, Huskisson, is slated to include a swimming pool and basement car park and sits between national park and a marine sanctuary waterway. The Our Future Shoalhaven (OFS) community group objects to its construction because of concerns over Bangalay Sand Forest removal and the harm that acid sulphate soil runoff could have on the protected waterway.
OFS believe the developers hold a "zombie development application" as it was approved a decade ago and brought back to life through a process of proving construction had begun.
Amanda Findley's mayoral minute also called on the council to acknowledge the work done by the Department of Planning, Industry and Environment to better define the concept of "physical commencement" in regard to securing development consent. It was brought to the Ordinary Meeting on Tuesday, May 26.
After a deputation from Bruce McKenzie, a representative from OFS community organisation, Amanda Findley called on councillors to support a request for council to write to the Minister for Energy and Environment Matthew Kean and the Minister for Planning and Public Spaces Rob Stokes to see if there was any pathway for the review of the development consent.
In his deputation to council, Mr McKenzie rejected the sentiment that it was impossible to change or reshape the past decisions of 4 Murdoch Street.
"We say nothing is impossible when people of good will collaborate," he said.
Mayor Findley congratulated staff for their forensic work of clearing councillors minds by finding out there was limited options for Shoalhaven City council to overturn the DA itself.
She said Mr Kean would be interested to know the potential negative effects this construction may have on the Moona Moona Creek marine park situated 33 metres away from the site of the development.
According to Mayor Findley, construction had not "substantially started" under today's standards since its plans were approved over 10 years ago.
She wanted Mr Stokes to review the DA as he had the absolute power to overturn a NSW development.
The site received development approval in 2011 and, according to OFS, was able to avoid having its approval expire through inconsequential engineering reports, which would be unsatisfactory in meeting criteria if assessed against today's standards.
Cr John Wells said the mayoral minute was an attempt to knock a complying and approved development on the head.
He said the approval was given by council staff as the plans complied with zonings which had been in place since 1985.
The development was determined by council staff after the Paul Green council referred it to them for determination on February 1, 2011.
Cr Wells said Greg Watson bears no culpability in relation to the 4 Murdoch Street DA as he was marked as absent in the February 1 meeting.
"And just for the record, councillors Kitchener, Pakes, White and myself were not councillors at the time so the Shoalhaven Independents have had absolutely nothing to do with the development consent for 4 Murdoch Street," said Cr Wells.
He said the report which led to the 4 Murdoch Street development approval wasn't principally about the development itself but was a list of urban design recommendations by a consultant known as the Purdon report.
The Purdon report recommended 13m height limits for various parts of Huskisson including Murdoch Street and was adopted by council at the same February 1, 2011 meeting.
The motion to adopt what Cr Wells claimed was a "wide reaching recommendation" was moved by Councillor John Fergusson and seconded by Councillor Amanda Findley.
"It was you madam mayor who put 4 Murdoch Street up for approval, and now you're trying to kneecap it," said Cr Wells.
"The world can't move forward on an approve now, reject later basis."
Cr Nina Digiglio supported the mayoral motion, stating "we all make mistakes".
"This is a decade ago since this decision was made, and that's not to make excuses, but things have changed," she said.
"We are here to represent the people...and respect their plight for a cleaner environmentally sound future and I will commend this mayoral minute for the future of our people."
For: Crs Findley, Alldrick, Digiglio, Gartner, Levett.
The balance voted against and the mayoral minute was lost.
