Wednesday 15 March 2017

DA UpDAte

2 Brighton Ave- DA1243/2016

If you were one of the many locals who objected to this DA you should have received a letter advising that a conciliation conference will be held on site at 10:30am Monday 15th May, unless otherwise advised. This is part of the Land & Environment court process which requires -

  • The Respondent (LMCC) to file and serve its Statement of Facts and Contentions by 15 March 2017. 
  • The Applicant (SNL) to file and serve any Statement of Facts and Contentions in reply by 5 April 2017. 
  • The appeal is listed for a preliminary conference under section 34 of the Land and Environment Court Act 1979 on 15 May 2017 commencing on site at 10:30 am and return to Council’s chambers. 
  • The proceedings are listed for a second telephone directions hearing at 10:10 am on 22 May 2017. 
The CPPA has been liaising with the Environmental Defenders Office on behalf of the community to better understand the process.

If you have the capacity to be on site on 15/5/17 for the conference that would send a strong message that the community is concerned about this proposal and the precedent it sets.


151 Brighton Avenue - DA1835/2016 - Hirecraft marina site


On the 14/2/17 LMCC provided a preliminary assessment of the application and has stated that further fundamental planning documentation is required before a detailed assessment can be undertaken.

The requested items include a Concept Plan as the “the development proposed differs significantly in terms of building bulk and mass to that specified within the Town Centre Plan”.

Additionally “the development proposes vehicular access from Wharf Road over Part Lot 30 Section 15 DP2505. This land is in private ownership and is not part of the development application. It is noted there appears to be some dispute over the rightful owner of the land, which requires further resolution, however, it is considered Council cannot determine the development, which proposes access over the land and building works that would directly abut the land.”

LMCC provided 28 days for the developer to respond with the information requested.

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