Dear Shellharbour Council Officers; Councillor's; Residents ; and Regulatory Authorities;
The CC Application references DAM032/2022 is understood to relate to BAGS - according to Council officer emails. How is it Council is advertising a related CC related to Remediation Creekwork?
It would be helpful to know which DA amendments and DA approvals that the Hazelton Creek remediation works are taking place and under which Development Consent .
We are aware Section 96 Amended DA Application 741/2002 was stamped by Shellharbour Council which was stamped on 27th September 2004.
Conditions of Consent for properties Lot 661 DP 1017233, Lot 56 DP 739857, Lot 2 DP 792437, & lot 1 DP 570091 Illawara Highway, Yellow Rock Road and Sophia Street Yellow Rock had prescribed Conditions of Consent No. 23; 23A and 23B of amended DA 741/2002 imposed and it is understood those Conditions remain outstanding.
It is noted Shellharbour Council was the landholder to which those Conditions of Consent applied.
Council has since disposed of it's landholding in Western Valley and it seems is has no concern regarding enforcement of Conditions of Consent for DA 741/2002.
If Council has forced Developers to address Conditions of consent for 23, 23A and 23B of DA 741/2002 it would be helpful if Council were to publish and make available to the public generally.
Further concerns arise with the Riparian Corridor on Hazelton Creek and lodged CC0203 which proposed the creation of Lot 330 DP 1261585.
CC00203 appears to split the Riparian Corridor shown on p16 of the Orion Report dated 21st May 2024 remaining as Open Space and in public ownership, into 2 parts. Under DA73/2018
However, with amended DA 473/2022, Dahua proposes to have this land in private ownership and attached to/become part of Stage 6 Lot (606) as outlined in the exhibited Plans.
Further, on page 7 of the SOEE it is stated “all C3 zoned land will be under private ownership with the owner of the lots required to maintain the land identified within their allotment “
On 29th July 2024 Council Advertised Construction Certificate ( Application ID CC0203/2024 Lot 330 DP ) Hazelton Creek Erosion Remediation Works.
The application was advertised as linked to DAMO032/2022 - Lot 330 DP 1261584.
Two concerns arise
(1) Two Riparian Corridors have been created
(2) The CC was advertised as part of DAMO032/2022 which was incorrect as this modification related to “. Modification To Condition 6 - Development In Accordance with Plans and Documents to update building Access Guidelines” - according to advise from Council Officer in 2022
It would be helpful if Council were to respond and clarify what is happening with Hazelton Creek Riparian Corridor and CC0203 and whether additional Lots of Land are being created contrary to DA Conditions of Consent DA 0073/2018
Thank you
