IT was fourth time lucky for a 17-lot subdivision at Shiralee on Tuesday night as councillors gave the plans the go-ahead under strict conditions.
Orange City Council had deferred the plans for 168 Shiralee Road in south Orange three times in recent months as neighbours grappled with the developer's intention to locate utilities and roads on their properties.
While still opposed to the plans this week, neighbour Gemma Dwyer indicated residents had accepted the council's suggestion to place a restriction on the land title preventing stage two of the subdivision from proceeding until consent was obtained with surrounding landholders.
"Our property rights are protected," she said.
"What we do request is that any future changes to the DA all require notifications to the landowners."
Residents had previously claimed insufficient consultation but town planner Peter Basha, speaking on behalf of the applicant, said three meetings had been held - on site and at the council chambers in July and in his office in October.
Stages of approval
- 2016: Proposal first lodged
- March 2018: Amended proposal lodged
- July 2018: Residents baulk at having water, sewer, stormwater, roads on their land
- August 2018: Councillors share concerns and defer a second time
- March 5, 2019: Council defers for a third time to give neighbours more time to respond
- March 19, 2019: Approved with conditions
"I would like to make it very clear that the interests of neighbours are protected and that the developer cannot simply force access and easements on land outside his subdivision," he said.
"Conditions of this nature have been used consistently by council on many subdivisions - they include the recently developed Gorman Road-Murphy Lane subdivision on the western fringe, there's the Parklands Estate in north Orange, Beverly Hills Estate and William Maker Drive."
Councillors asked what would occur if the developer ignored the restriction and staff said it could trigger court action for a breach of consent.
Councillors added a condition to notify neighbours of any modification and considered an amendment to only approve stage one, but the majority were satisfied with the restriction.
Seven lots in stage one will be able to proceed, while the others will have to wait until access becomes available through to Rifle Range Road.
DO YOU WANT MORE ORANGE NEWS?
Receive our free newsletters delivered to your inbox, as well as breaking news alerts. Sign up below ...