Toolijooa appeal granted
February 21, 2008
Section: News
KATINA CURTIS THE developers who want to build a lifestyle village at Toolijooa have cleared one hurdle after the Land and Environment Court ruled the proposal is legally a caravan park.
In her decision last Thursday, Justice Jayne Jagot ruled that the development application was “permissible as a ‘caravan park’ pursuant to the Kiama LEP 1996”.
Before this decision was made, the developer Wygiren lodged an amended development application with the court.
The amended plans replace the 100-room hostel with more manufactured home sites, set aside two sites solely for traditional caravans and provide a small communal laundry and drying area.
However, Ms Justice Jagot described the changes to accommodate two caravans as “a token” and said they did not alter the true nature of the development.
Kiama Council environmental services director Andrew Knowlson said the council had argued that the differences in the definition of “caravan park” in the various applicable planning instruments meant the development was a manufactured home estate and therefore not allowed in the Kiama Municipality.
“Council was questioning whether the development as submitted was a caravan park – we thought it wasn’t, that it was a manufactured housing estate,” he said.
However, Ms Justice Jagot ruled that: “The Kiama LEP 1996 elected to define ‘caravan park’ as a place that might accommodate only moveable dwellings other than caravans”. According to the dictionary in the Local Government Act, the term “moveable dwelling” can mean a manufactured home.
Mr Knowlson said that although the public perception of what made a caravan park might not have changed much since the 1996 LEP, the legal definition had.
“When council’s LEP was created back in 1996, people’s understanding of a caravan park was quite clear; it was for caravans,” he said.
The ruling means a hearing for the appeal against the council’s deemed refusal of the project will go ahead on March 27.
The first two days of the eight-day hearing will take place in Kiama and the remainder in Sydney.
Mr Knowlson’s department would finish its own assessment of the DA and present a report to the March 18 council meeting.
- Mar 6, 2008 @ 02:06pm
Congratualations on your article Katina this is the biggest issue on the South Coast but little has been said yet.This is a manufactured home estate with 3000 plus people the population of Gerringong and Geroa put together and all on about 60 hectares of land.A social disaster waiting to happen. Wygeren will be the largest landlord in NSW and it is important the community knows who they are so I hope you continue your search of this company and associated companies you may find something. This is clearly a new town being placed on highly productive rural land.The area is isolated and has no facilities close by for residents.There is no guarantee Wygeren will provide a bus service etc. If people dont want this development it is critical it is critical they turn up in court and when the judge visits the site dates to be advised. I hope you will present some more excellent journalism about this development. Regards Robert Richmond 0407211087
Comment count: 2
What is all the fuss about as long as its an over 50 village so what !!!! Im sure a lot of shops in the area would like to be busy on days other than two days a week as well as new members for the local clubs