Stephen McMahon - 3 December 2024
Stephen McMahon presented to Council at the Public Access Session on 3 December 2024.
Council's reply
I would like to thank you for taking the time and making the effort to contribute to the Public Access Session at the Ordinary Meeting of Council on Tuesday 3 December 2024, in relation to Bayridge Estate, North Batemans Bay.
Public submissions offer insight into the views of the community and in this regard, your contribution was appreciated.
As you are aware, the development consent that regulates the subdivision and imposed the condition around the underpass /overpass was issued by the NSW Department of Planning and therefore Council has no power under current legislation to alter or make decisions regarding the consent.
In regard to the specific points that you made in your presentation around the release of lots in stage 5 and Council’s preference for a tunnel or overpass, I can advise as follows.
Council has sought advice from the Department around releasing lots in stage 5 and were advised that this is inconsistent with the development consent. Council also sought advice about bonding the proposed pedestrian crossing, and as you are aware this was also rejected by the department. Any further consideration of these matters will need to be referred to the NSW Department of Planning, Housing and Infrastructure.
Lastly, as advised previously, Council does not support the proposal for the tunnel/ bridge crossing. These structures are not supported because Council has been advised by Transport for NSW that the structure would become a Council asset and therefore would be responsible for maintenance and replacement. If Transport for NSW would accept the asset, this would most likely change Council’s position.
Council does support an at-grade crossing which would include constructing the missing link of pathways to connect the development to Batemans Bay town centre and Batemans Bay Public School.
Notwithstanding the above, if your client seeks to pursue the development consent in its current form, then the preferred approach would be an overpass/bridge.
Thank you once again for contributing to the Ordinary Meeting of Council.