Singleton Council to receive update on Land and Environment Court appeal lodged by Cardiff Holdings Pty Ltd

At Monday night’s meeting Singleton Council will receive a status update on an appeal lodged by Cardiff Holdings Pty Ltd  in the Land and Environment Court in regard to the refusal of Development Application DA199/2016.

The controversial DA seeks to construct a highway service centre at the busy flood-prone intersection of the New England Highway and Bridgman Road - and it was rejected at a Council meeting in March.

On March 27, Council resolved to refuse the DA for the following reasons:

1. The proposed development is not suitable in a high hazard floodway according to the Singleton Local Environmental Plan 2013 and the Singleton Floodplain Risk Management Plan 2012; 

2. That the development is inconsistent with RU1 Primary Production zone of the Singleton Local Environmental Plan 2013;

3. The proposed development has the potential to increase traffic congestion and adversely affect traffic and pedestrian safety;

4. That the development is not in the public interest as identified in the Community Strategic Plan. 

Prior the extraordinary meeting where the decision was made, Council staff were recommending the development go ahead.

However a crucial document was missing from the report, and once the public along with local Councillors became aware of this the flooding issues could not be ignored.

The appeal was lodged on September 14 and Council has engaged Local Government Legal to run the matter.

According to the report on “October 23 Council provided a statement of facts and contentions to the court” and on “November 13 the Applicant sought particulars regarding the contentions”.

Then:

  • on November 27, 2017, Council is to provide these particulars to the court;
  • on January 17, 2018, the Applicant is to provide its Statement of Facts and Contentions in reply;
  • and on February 7, 2018, a s34 mediated conference is the next step in the assessment of the application by the court.