The Nambucca Valley Council, at its Meeting of 23 February 2023 considered DA 2022/105 and resolved to refuse the review of determination. This was a unanimous vote.

You can download the minutes of this meeting as a PDF from the Council website nambucca.nsw.gov.au by navigating at to Council and Engagement > Council Business & Councillors > Business Papers and you will see the link to the minutes at the bottom of the page.

The Town Planner's Recommendation to the Council was:

That Council confirm its determination to refuse Development Application 2022/105 for the following reasons:

1 The proposed buildings exceed the 8.5m maximum building height development standard contained within clause 4.3 of the Nambucca Local Environmental Plan 2010.

2 In accordance with clause 4.6 of the Nambucca Local Environmental Plan 2010, it is not considered that compliance with the 8.5m maximum building height development standard is unreasonable or unnecessary in the circumstances of the case.

3 The proposed development is contrary to clause 28 and 30 of the State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development due to the adverse overshadowing impacts on adjoining properties to the south.

4 The proposed development is contrary to the provisions of Part H of the Nambucca Development Control Plan 2010 due to the limited solar access to adjoining properties to the south of the site.

5 The impacts resulting from the above non-compliances result in the development being contrary to Section 4.15(1) (b), (c) & (e) of the Environmental Planning and Assessment Act 1979.

6 The precedent for unjustified clause 4.6 variations to Council’s building height standard.

7 The proposed development being contrary to Council’s Local Strategic Planning Statement.