<< Peninsula New 28 March 2006 - Developer's appeal costs council $264,000 >>

Developer's appeal costs council $264,000

An appeal by Providence Projects for the development of a retirement village on the corner of Veron Rd and Hillview St, Umina, has cost Gosford Council $264,086 to defend, according to a recent council staff report.

The report stated that the cost was a result of the adjournments, the experts and the length of the hearing.

"In the monthly report to council concerning Land and Environment Court appeals, the combined anticipated costs reported for the two Providence Projects Pty Ltd appeals was $240,000," the report stated.

"In Class 1 proceedings, it is usual that no orders be made as to costs.

"The applicant was required to pay a $10,000 fee to council for it to consider modified plans for development consent."

The report stated that the fee was a council fee to assess such applications to modify a consent or an application to revise a determination.

In the Land and Environment Court, the appeals against council's decision to refuse two development applications were dismissed and development consent refused.

The appeals were subject to a hearing initially on site and Woy Woy Court House, then adjourned to the Land and Environment Court.

During the adjournments, the applicant filed modified plans.

The court decided that the adverse environmental impact of the proposal on the natural environment outweighed the competing factors favouring granting consent.

Council agenda COR.34, March 28