A group of residents who opposed a subdivision plan for Forsyth Avenue are contemplating taking legal action after the council approved the development.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
The site for the development is located on an almost two-hectare site approximately 1.7-kilometre east-north-east of the Young CBD, on the northern side of Forsythe Avenue, and 100 metres east of Hills Street. The council approved the 17 lot residential subdivision plus construction of a new road.
A group of Young residents led by John Pattinson say they will explore all the options available to them.
"We are actively considering and seeking legal advice as to whether we proceed with an appeal process through the land and environment court," Mr Pattinson said.
"We are disappointed with the result and the explanation of the process.
"There were confusing comments from the director of planning who explained the Local Environment Plan (LEP) was weighted in favour of the developer because they've allowed imperfect DA's in the past, so the precedent was set."
Council's director for sustainable growth Sharon Langman said following a site visit from administrator Wendy Tuckerman a meeting was held with the applicant to discuss alternatives to the original plan presented to council.
"But the applicant indicated that the plan, and report, as presented to the council for determination before the site visit was the matter on which they wished to have a determination,” she said.
Council said objections such as losing the rural outlook and impacts of construction were not valid reasons to refuse the DA.
"The area does have a semi-rural outlook to the east, but it is not considered that this subdivision will result in the loss of this rural outlook," Mrs Langman said.
"Impacts associated with construction are to be expected, and some disruption to neighbours is likely. Therefore, care needs to be taken to minimise these impacts, but there are not sufficient reasons regarding construction impacts to warrant refusal of the application."
Mr Pattinson said development applications should be viewed objectively not through a bias to the developer.
"The developer has no responsibility to pay for the impact this subdivision will cause, thanks to this approval ratepayers will," he said. "We never wanted to be obstructionist we just wanted are a more equitable solution that took into account the resident's concerns.”
A Barbeque will be held on Saturday September 2 on the front lawn of 6 Forsyth Avenue for all council candidates and concerned residents who are interested in future and past developments.