A long-running dispute between an Illawarra landholder and Wollongong City Council over development on environmentally sensitive land at Otford appears to have moved closer to resolution, thanks to a pre-Christmas court decision.
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Under NSW Land and Environment Court orders made on December 22, Ensile Pty Ltd, which owns 338 hectares of environmentally sensitive land, including small parcels of land at Helensburgh and Otford, and the Lilyvale property Otford Valley Farm, will be allowed to consolidate more than 100 individual blocks into seven super-lots, four of which will have building rights.
The decision could spell the beginning of the end of the decades-long saga surrounding the rezoning of hundreds of hectares of northern Illawarra bush deemed of significant environmental value under the council’s old local environment plan.
There was much debate about the classification of the vast tracks of land, bordering Helensburgh, Stanwell Tops and Otford, when the new plan was introduced in 2009.
Several property owners called for the right to build on land that they’d owned, in some cases, for decades, without dwelling rights.
However, other sections of the community campaigned to have the land remain protected from future development.
After fierce public debate and much community consultation, councillors voted last year to keep the majority of the land for environmental conservation.
Subsequently, Ensile lodged a rezoning application with the council to allow for consolidation and subdivision on its land to make way for minimal development.
The council rejected the application, prompting Ensile to appeal the decision to the NSW Land and Environment Court.
In a judgment handed down by Commissioner Judy Fakes, the court noted subdivision of the acreage was allowed under the council’s environmental plan with its consent.
‘‘The proposal complies with the minimum lot size – all lots are in excess of 40 hectares,’’ she wrote.
‘‘Amongst other things, dwelling houses are permitted with consent.’’
But Commissioner Fakes warned the proposal must proceed one step at a time.
‘‘However, this application is for subdivision and associated works.
Any future dwelling or any other development will be subject to a new development application and assessment process,’’ she said.
Under the plan, building locations will be reserved for already cleared land, or land already ‘‘substantially disturbed’’.