A Development Application (DA) for a dwelling on the ‘Carnbrae’ property near the Eulie Road was a divisive topic of discussion at Council’s March Business Meeting, with members of the public speaking for and against the proposal during the Public Forum.
The DA is made all the more interesting by its close proximity to a current DA for a piggery, that is yet to come before Council for determination. The DA, lodged by Carnbrae Pty Ltd on January 18th 2016 came up for discussion before Council as it has received a number of complaints from the general public.
These complaints include: the proposed dwelling being too close to a neighbouring property’s boundary; dwelling so close as to be severely impacted by farming operations on a neighbouring property; the applicant is trying to hinder the piggery application or they wish to have a full view of the piggery site; the dwelling would fall within the ‘separation zone’ for the piggery; non-compliance with section 79C of Environmental Planning and Assessment Act; potential conflict with neighbouring land uses, including development of a future piggery; the potential piggery operation should be protected; and, non-compliance with zone objectives. Each one of these complaints is addressed in the March Business Paper, with Harden Shire Council staff finding no reasonable grounds to refuse the application as it is consistent with RU1 zoning, complies with section 79C of the Environmental Planning and Assessment Act of 1979, and has a reasonable setback distance of 50 metres from the neighbouring property.
The main point, and a controversial one it is indeed, is that Council “cannot, by law, assume any particular intent or other action on behalf of an applicant….Council cannot assume the outcome of any undetermined application before it and use that assumption to restrict, inhibit or impact on the application currently being determined.” Edwina and Michael Beveridge of Blantyre Farms lodged a DA for a piggery on the Eulie property on the 11th of December 2015, predating the submission of the dwelling DA by five weeks. Resistance to the proposal has been emanating from neighbours and animal welfare groups alike made the piggery DA a talking point throughout the Shire.
Mandy de Mestre, the applicant of the dwelling, as well as Edwina and Barbara Beveridge, who are against the proposed dwelling, spoke at the meeting. The recommended was that Council approve the dwelling, which could pose a considerable stumbling block for the proposed piggery.
The Council received advice from Edwina Beveridge which implied legal action may be taken if the dwelling was to be approved. The matter was deferred until the April meeting allowing Council time to seek its own legal advice and position on the dwelling proposal.
