Council KO’d in J’roo aged care battle

CENTRAL Coast development company Crighton Properties is claiming a victory over Kiama Municipal Council after the NSW Land and Environment Court overturned a decision by council to reject a development application regarding the proposed construction of a large-scale aged care facility at Jamberoo.

The court also awarded that the company's court costs be paid by Kiama Council at the conclusion of Monday's hearing.

Crighton Properties managing director Geoff Cox said he hoped the result would put the company's relationship with council on an even keel", while rejecting suggestions that the development is widely rejected by Jamberoo locals.

I dont agree (that theres community opposition). Weve had 35 people who have registered their interest the units.

Weve never had any doubt about our development application that it was soundly based and properly lodged, said Mr Cox of Mondays court win.

Vocal Jamberoo residents group JRoo Forum was quick to respond to the court decision, saying it made no difference to the deemed appropriateness of the development.

While were disappointed with the courts ruling, the battle is a long way from over and JRoo Forum will continue to voice its concerns regarding the application, said JRoo Forum coordinator Ron Murrell.

The developments scale and position is totally inappropriate for the site, the JRoo Forum members maintain.

In essence, the application from Crightons is no more or less valid whether they won in court on Monday or not, said Mr Murrell.

It has still got to be tested by due process.

Mr Murrell described Crighton Properties boss Geoff Coxs comment that the development was not widely opposed by the Jamberoo community as fanciful.

If he goes back to last October, November, the response from Jamberoo was very considered, very measured and it was certainly loud and clear in terms of how people felt about this totally inappropriate development, said Mr Murrell.

Eighty-seven percent wont have come around any more closely to his way of thinking since then.

Maybe the 35 people hes speaking to are in fact the only 35 who actually support it.

JRoo Forum claimed a win over Crighton Properties in late December, with NSW Planning Minister Frank Sartor declaring a freeze on all new applications for self-care retirement developments while a review of the State Environmental Planning Policy (SEPP) Seniors Living was undertaken, placing the Crightons bid into the ministers moratorium.

The announcement pre-empted Kiama Councils rejection of the Crighton Properties application on the basis that there was insufficient information to satisfy the requirements of the SEPP Seniors Living and Environmental Planning and Assessment Regulations in regard to the connection to the Sydney Water Corporation sewer and the provision of onsite services for residents.

Kiama Council yesterday issued a brief statement in response to the court decision.

Kiama Council is yet to receive a copy of the judgment and will consider this before making detailed comment, a council spokesperson said.

However, at this stage we understand that the judgment allows Crighton Properties to resubmit all their Development Application information, which will require Council to assess the Development Application further.

The statement continued, brief discussions with Crighton Properties have indicated their intention to relodge all the Development Application information within the next week or two.

Mr Cox said he believed that should the development application now proceed to approval by Kiama Council that the local community would be "proud" of the facility.

An aged care project built by Crightons in Tea Gardens was recently awarded Best Retirement Village in Australia by the Housing Industry Association of Australia.

We were passed off as another Albion Park development, whereas our plan bears so resemblance to it, said Mr Cox. Jamberoo residents will be proud of what we build.