Land and Environment Court dismisses Callala Beach property appeal > Shoalhaven City Council

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Land and Environment Court dismisses Callala Beach property appeal

The Land and Environment Court has this morning dismissed the appeal against Shoalhaven City Council’s deemed refusal of a two storey dwelling in Griffith Street, Callala Beach.


The DA was proposed across a consolidated three blocks of land purchased at auction in 2010. The auction was authorised by Council in order to recoup unpaid rates on the land.


In handing down the judgement, Judge Judy Fakes was not satisfied that the proposed development was compliant with planning objectives laid out in the Draft SLEP, SLEP 1985, NSW Coastal Policy and the Rural Fires Act.


Judge, Fakes also expressed concern at the ecological sensitivity of the Bangalay Sand Forest which made up the majority of the site along with the size and scale of the proposed development.


Mayor, Joanna Gash welcomed the completion of the court proceedings saying she was confident that the local community would be pleased with the final outcome.


The Mayor said that she had made a commitment to Callala Beach residents to review Council’s Policy regarding the sale of land for unpaid rates during a public meeting held in August 2013.


“Council has certainly understood the concerns and frustrations of Callala Beach residents in regards to this issue,” said Clr Gash.


“This has been a particularly perplexing time for many local residents and I am certainly pleased that we can all now move forward after receiving an outcome.


While this situation was brought about through a peculiar set of circumstances Council has taken the appropriate steps to prevent anything similar from taking place into the future.”

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