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]]> Corner Store LEP Hearing IIWednesday, 29 November 2006 ]]>
A large crowd of over ninety residents and legal officials gathered for the second onsite Corner Store LEP Hearing held in Bundeena’s Roger Summers park.
This was a follow up hearing to the ones held on August 3rd & 4th. The August 3rd hearing took place in Bundeena while the August 4th hearing took place in a city courtroom. The August 4th hearing led to amendments to the DA which triggered additional hearing dates for November 22nd & 23rd.
The November dates were expected to take place in a courtroom but Council’s solicitors requested the first day be scheduled in Bundeena so that surveyed height poles could be erected at the site and the impact of the development could be better assessed. On the day of the hearing four poles with flags on top had been erected in each corner of the site. The poles had measured approximately 10.6 metres in height.
Before proceedings had started Council’s barrister emphasized to witnesses to keep their testimony relevant to the amended DA plans as this had been a condition set by the Court for the case to be held on site in Bundeena. This had lead to heated discussion by some of the witnesses who felt that all their concerns should be heard.
The proceedings started with one of the Commissioners summarizing the current state of the case and the Court’s current stand on balancing the concerns of residents and the developer as well as taking into account the Development Control Plan. One of the members in the audience asked the Commissioner “Who are they to benefit?” which returned the reply “the public good”. A heated exchange ensued with the audience member requesting the Commissioner to reassess her choice of words or he warned “I will shoot you down every word”. The Commissioner threatened to cancel the on site hearing if the proceedings turned into a “rabble”.
Eventually a number of testimonies were heard. Inconsistencies had been raised about the Court appointed expert’s report on the development. In particular, the report had cited that units 6 and 9 could be removed to comply with the DCP but then goes on to recommend that they be maintained as part of the development. Inconsistencies were also pointed out on Commissioner’s ruling on the setbacks of 6.5m to the IGA property but only 1.5m to the adjoining property on Loftus St. The size of the excavation expected to be 5000 tons was also raised as a concern due to the impact on traffic and the adjoining businesses. Ironically, during proceedings a truck transporting sewer pipes to the Uniting Church development had caused a traffic snarl on the main street as it was having problems exiting from the IGA.
On another related development Sutherland Shire LEP 2006 has come into effect. The current Bundeena Maianbar DCP 2004 has been absorbed into the LEP 2006 without change. As a result the current zonings for Bundeena Maianber remain as is and now have legal standing. Had the corner store DA been applied for under the new LEP 2006 it would be refused. Whether the Commissioners take this into account for their ruling is still to be seen though it was brought up on the last day of court proceedings.
Court proceedings have been completed and a judgement is to be made in the following months. ]]>< Previous Next >[ Back ] All content property of Bundeena Info unless indicated otherwise