A PROPOSED $41m land and housing development on the edge of Mount Gambier has hit a major stumbling block following the development court ruling against the plan.
The shock decision handed down by the Environment, Resources and Development (ERD) Court now means the development plan consent issued by Grant District Council is quashed.
The Empak Homes “Station Run” development proposed 102 allotments over a number of stages bordering White Avenue/Carpenter Rocks Road and McKay Road.
Despite the setback, Empak Homes spokesperson Heath Mitchell said the company would push ahead with the blueprint.
“While we are disappointed in the ERD Court’s decision in relation to Station Run, we are certainly not dejected. We view the result not as a loss, but more as a not unforeseen delay,” Mr Mitchell said.
“The planning process is a multi-layered affair and while the ERD Court have closed one door, numerous doors remain open to us in relation to achieving development approval.”
Mr Mitchell said the company would now start work with the Grant District Council, the City of Mount Gambier and the South Australian Planning Commission.
He said all of whom supported the application either “actively or passively”.
“To reconsider the zoning of this land parcel inside of South Australia’s new planning strategy, which is due to come into effect on July 1 this year,” the developer said.
“We would like to thank the sole appellant for what was a mutually respectful court process and also the many individuals, couples, families, sporting clubs and businesses across the community who supported us in our initial application.”
Mr Mitchell said the community’s feedback indicated Station Run was a development that Mount Gambier would like to see proceed.
“So, as we have for over 30 years and across three generations, Empak Homes will continue to work with both councils to present sustainable, infrastructure-driven residential developments that contribute positively to the growth of Mount Gambier and its many and varied families,” Mr Mitchell said.
Grant District Council environmental services director Leith McEvoy described the decision as “disappointing” for council and the community.
He said the notice of appeal was lodged against the development and council engaged Norman Waterhouse Lawyers and Masterplan SA to help with the appeal.
“The ERD court has allowed the appeal finding the proposal to be seriously at variance with council’s development plan and not worthy of consent,” Mr McEvoy said.
He said the developer and council had the option to appeal the decision through the Supreme Court on a “legal matter”.
A new development application for a similar and more complying land division can also be lodged with council.
“EHomes Pty Ltd could also seek to have the land rezoned to accommodate the proposal, or one similar and then reapply for a land division – which would take some time,” Mr McEvoy said.
In an interview with The Border Watch last year, Mr Mitchell described the proposed development as a major boost to the city’s economy.
“This is a long-term development and will create a lot of employment opportunities,” Mr Mitchell said.
He said the project would underpin hundreds of jobs – including contractors – over the life of the project.
“These will include the consultants who are now working on the project to the blokes digging the roads, construction workers right through to landscapers,” Mr Mitchell said.
“We think a project like this is a good long-term project for the Mount Gambier economy.
“When we are talking about adding another 100 blocks to the market, that is over a five to 10 year lifespan.
According to the development application, the value of Station Run has been estimated at $41m (house and land value) when the 102 allotments will be fully developed and new dwellings are under construction.
