WINGECARRIBEE Council has thrown down the gauntlet to Minister for Planning Kristina Keneally, refusing for the second time to revoke a development planning control (DCP) that prohibits seniors housing on the former Our Lady of the Sacred Heart (OLSH) site in Bowral.
Council adopted the site-specific DCP in response to residents’ and councillors’ concern about a joint Australand/ Australian Unity proposal to build a 190-unit retirement community, 153-bed residential aged care centre and wellbeing centre on the Centennial Road property.
Ms Keneally told Council in an undated letter earlier this year that the DCP was “too restrictive and unnecessarily limits seniors housing development” and ordered Council to revoke or amend it.
Council voted at its June 24 meeting to reject the Minister’s request and seek legal advise on possible court action against Ms Keneally in regard to its processes.
At Wednesday’s meeting, Council considered the latest letter from Ms Keneally, directing them to revoke the DCP within one month “to provide much needed certainty for the community on the appropriate planning controls for this key site”.
Cr Ken Halstead moved that Council advise the Minister that the DCP could not be revoked or amended until Council had assessed the compatibility of the site in accordance to the State Environmental Planning Policy (Housing for Seniors and Disabled Persons).
Cr Halstead said the community was disappointed with the outcome of the flawed process for assessing the suitability of the site for seniors living.
“It certainly has been dealt with at government level with indecent haste,” he said.
“I wonder why?
“...Let’s really throw the gauntlet down, let’s throw the glove down and see what the Minister does.”
Cr Halstead said if the Australand development went ahead, it would mean the “end of the environmental interests” of the area west of the railway line.
“Not only the Council but every single person should write an individual letter to the Minister.
“...If they can do this to you, they can do it again and again and they’ll do it by the decision of the Minister.
“Let’s give them the challenge.
“We’re saying no.”
A planning and environment report to Wednesday’s meeting warned that although Council could legally challenge the Minister’s action, it would need to demonstrate that her decision was unreasonable.
“A more prudent response would be for Council to work with the property owner and the public to address issues of concern in DCP 62. This indicates Council’s willingness to reach a resolution that satisfies all affected parties.”
But Cr David Stranger said that after hearing Ms Keneally address the recent Local Government Association conference, delegates were “very disillusioned”.
“We really do have a special community here and if we want to look after it we are going to have to fight for it,” he said.
Cr Larry Whipper said Ms Keneally’s letter “reeks of dictatorship and doesn’t listen to the voice of the community.”
He suggested that the Council invite Ms Keneally to visit the site and meet the people who would be affected by the development.
Cr Graham McLaughlin said the OLSH proposal had been handled by “sleight of hand” and it was time for the community to stand up and say no.
“It looks like we are being pushed into a corner by the Minister,” he said. “We can’t respect what’s happened.”
Council has committed to reviewing its DCP no later than April 30, 2010.