A multi dwelling development was given the green light at the Ordinary Meeting of Council on September 23.
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The Oxley Road development was previously deferred on three separate occasions due to the bulk and scale and overshadowing concerns that the neighbours held.
The proposed development was first heard in council on February 26 where it was deferred until May 13. It was later heard on August 12 where it was deferred once more.
On all three occasions, the deferral was due to the bulk and scale of the development which was to consist of seven units across three buildings.
A motion to approve the development was put forward by councillor Garry Turland and seconded by deputy mayor Grahame Andrews.
An introduction to the agenda item was made by Wingecarribee Shire Council's group manager of planning, development and regulatory services Nick Wilton.
Mr Wilton said the proponent of the application had amended the plans on June 23 and the residents agreed there had been a significant improvement but were concerned over overshadowing and privacy.
"The proposal is compliant with solar access requirement with a minimum of three hours of natural sunlight in living room," he said,
"The proponents have considered council's resolution and have resubmitted the plans for reconsideration."
Mr Wilton said there had been no change to the development plans since the development application appeared in council on August 12.
Councillor Ian Scandrett said he was still "very concerned" over the development as there had been no change to the design.
"The fact that unit four and five have not been reduced to a single story, the fact that they aren't the same height as the other... and the fact that is has not been contemplated by the applicant basically says to me they are not interested in the amenity of the other residents." he said.
"I will be voting against this, I don't think it should go ahead."
Councillor Andrews said it was three times the development had appeared in council and three times it had been deferred.
"If we don't approve this, it is clear it will go to the Land and Environment court," he said.
Councillor Peter Nelson said it was decision time.
"I'm happy with the staff assessment," he said.
"It seems to me that overshadowing has been taken in to account and does comply.
"There are some some hurdles the applicant will have to go through."
Councillor Graham McLaughlin agreed with Cr Nelson.
"Councillor Nelson has said it all, we have had a compromise," he said.
"It' s a difficult site and it will be difficult to be built, there are some hurdles going ahead.
"I agree to not refuse this any further, it will mean a fight in the court and as the staff said it meets the DCP requirements."
The motion was put to a vote.
Councillors Turland, Andrews, Mayor Duncan Gair, Nelson, Larry Whipper and McLaughlin voted for the motion.
Councillors Scandrett and Ken Halstead voted against it.
The multi dwelling development was approved with deferred commencement consent subject to conditions.
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