Go-Ape DA refused by Hills Shire Council.

Go-Ape DA refused by Hills Shire Council.

Go-Ape DA refused by Hills Shire Council.

I know it’s been written before but I just like typing it and reading it over and over.

Well done to everyone involved, so many people who supported the fight, and as Di said, delivered leaflets, wrote to Council, sent ideas, attended meetings and provided input and support along the way.

To those who brought this to the attention of all of us in the first place, to those who assisted with the presentations and the presenters themselves, to a few (who will remain un-named) who used their political clout and nous to bring influence to bear, to The Hills Shire Council for having in place a system which allowed us to have input into the process and for the consideration shown, to Di for her superb website which has held all of this together and to everyone else involved a massive……

THANK YOU!

Whilst Go-Ape has the option of going to the NSW Land & Environment Court I’m sure that this DA will be treated as it deserves – stay tuned!

Finally I’d like to share something that someone told me about a week ago and on reflection I believe is true and probably sums up our biggest achievement.

“this fight against the Go-Ape DA has brought the whole community together…..”

Michael

Many, many thanks to the hundreds of people who supported us in our efforts to have this totally inappropriate development thrown out! Council received 242 submissions, with 230 of them being objections and only 12 in favour.

Those of you who lodged objections should get a letter from Council advising you of the decision. Next week’s local papers should also carry a notice of the refusal of consent for DA 36/2010/HA.

The Go Ape application was Item 4 on the agenda of the Development Assessment Unit meeting held on 2 February 2010. I have extracted just Item 4 so you can read Council’s report on the Go Ape DA as it appears in the agenda (pdf – 1.6Mb). This is a lot easier than wading through the pdf on Council’s website which includes all the other DAs considered that night. Gotta love the words “Does not comply”!

As we thought, the applicant has twelve months to lodge an appeal with the Land and Environment Court. Should this happen, we will update this site and email everyone on our list.

Di

We’ve won this battle, though the war may still be simmering.

No Councillors notified Council that they wished to have the Go Ape application determined by a full Council meeting. Consequently, the Development Assessment Unit’s decision stands, and consent for the Go Ape development has been refused by the Hill Shire Council.

Council will now write to Go Ape, and to those who made submissions, notifying them formally that consent for the development has been refused.

However, Go Ape may still lodge an appeal with the Land and Environment Court. I have a feeling they have twelve months! to do this, but I will confirm that when I find out.

Council’s Development Assessment Unit met last night (Tuesday) to consider the report on the Go Ape proposal. We have been advised that the DAU accepted the report and, accordingly, refused the Go Ape application.

Councillors now have until 5.00pm tonight to “make written notification to have the matter determined by a full Council meeting”. If at least three Councillors do this, then the DAU decision will be put aside and the matter will, instead, be decided at a full Council meeting.

More news tomorrow!

It’s been a long wait, but things are finally moving again.

If you attended the reconciliation meeting in September, you should have received a letter from Council this week. In it, they advise that a report on the Go Ape proposal has been prepared and is to go before the Council’s Development Assessment Unit on Tuesday night, 2 February 2010.

The DAU meeting is a staff meeting and is not open to the public. The agenda, containing the full report, is now available from:

DAU Agenda – 2 February 2010

The report recommends that the application be refused on many grounds. It’s very difficult to envisage the DAU doing anything other than refusing the application. Having said that, the possible scenarios are (I think):

As soon as we have any news, we will report it here on the web site. If we do need to start lobbying again, email will be quickest means of getting in touch with people. If you haven’t already sent us your email address, please use the Contact page to get in touch.

Di

It looks like it will be the new year before we hear any concrete news from Council on the Go Ape application. We’re told Patience is a virtue.

In other happenings, Go Ape have a Q & A forum for their proposed development in Itchen Valley Country Park in the UK. It includes this interesting exchange:

Council has heard from the Go Ape developer; he has advised Council that he will be writing to  them in the near future.

So this is news of the no-news variety

We did, however, want to let you know that we continue to keep in touch with Council and that the wheels continue to grind slowly.

Council wrote to the Go Ape applicant in September, expressing Council’s (and
our) concerns about the proposal. The applicant replied on 7 October, asking for
30 days to respond to those concerns.

So, it’s still a waiting game. Given the 30 day response time, it will probably
be the first week or two in November before there is any more news. I’ll harrass
Adam Dean at Council around that time

Di

On 6 October 2009, Council sent out notes taken at the Go Ape Conciliation Conference held on 7 September.  We’re providing them here for anyone who wasn’t at the conference or didn’t get a copy.

The accompanying letter from Cameron McKenzie (Group Manager – Environment and Planning for The Hills Shire Council) invites you to contact Adam Dean of Council’s Environment and Planning Services on 9843 0352 should you have any enquiries.

Feel free to leave comments here too!

Di

“Whats next……” I hear you cry?

An excellent question and one that deserved an answer before now – apologies for not doing this earlier.

Without rewriting the Hills Shire Council webpage on the DA process http://www.thehills.nsw.gov.au/IgnitionSuite/uploads/docs/DA_communications_protocol_2008.pdf the next stage of the process will be that the notes from the “conciliation meeting” will be sent to all those parties who registered on the night – providing of course your handwriting is legible – we’ll post them here as soon as we get them and they’re expected about now.  It’s important to remember these are “notes” only, not minutes and have no legal or binding status.  Council have been provided copies of all of our speeches plus other submissions on the night plus have all of our collective submissions on file.  Parallel to this the Developer will be advised of the issues raised on the night.

Council basically has 3 levels fpr determination of DA’s;

• Under Delegated Authority (standard stuff that meets the guidelines, basic renos, carports, signage etc)
• Council’s Development Assessment Unit (DAU) meeting. Development applications determined by the DAU are those which do not comply with the relevant planning regulations/ policies, and/or where an objection has been submitted.
• Ordinary Meeting of the Council. Development applications determined by the elected Council are those of a controversial nature that may have been referred by the DAU or attracted a large volume of objections.

Obviously this DA will go to the DAU – the DAU may choose one/any/many of 4 basic options;

1. 1. 1. Deny consent in total. Developer can challenge in Land & Environment Court.
      2. Grant consent in total – DA as submitted.
      3. Grant consent subject to conditions/terms.
      4. Refer the matter directly to a council meeting.

The minutes and applicable decisions of the DAU (Tuesday morning closed meeting) are published and Councillors have a limited timeframe to decide whether to refer the matter to a council meeting or not depending on the DAU decision.  We need to be ready to lobby councillors QUICKLY should the decision be against us, ie 2, 3 or 4 as above.  It’s highly likely however, given the “interest” generated that this will go straight to council.  It’s imperative that we have a good showing at any meeting, normal BRAG rules apply – no uncontrolled emotion, swearing, yelling or handguns.

Once we know what the determination of DA is the next challenge for us will be the lobbying of Council [and other parties] to get the Reserve rezoned or protected under the current zoning  – we will all need to meet to discuss a strategy further down the track.

Please keep visiting the website for updates and if you haven’t already done so, register your details via the contacts page.  Please ask any questions you may have and any suggestions, news, views etc always welcome.

Michael