The court battle between Sutherland Shire Council and the company behind a proposed residential and shopping development on the Kirrawee Brick Pit site resumed today.
Kirrawee Centre Pty Ltd have been attempting to push plans for the development, which originally included a shopping centre featuring two supermarkets, smaller shops, possibly a bank, 65 apartments and a community park, through the Land and Environment Court for the past six months.
A recent report from the council’s finances committee said to date the council had spent $327,772 trying to block the development.
A re-draft of the plans in April this year scrapped the two supermarket design in favour of one, larger supermarket, and included changes to parking, entry-ways, shop layout and stormwater retention.
The collection and retention of stormwater is still a live issue because the community park which is central to the proposed plan will include a pond.
The quality of the water collected in that pond, the slope of the ground around it and whether or not safety fencing will be erected are among a slew of issues still to be resolved.
The council repeatedly refused to approve the company’s development application last year, calling for more detailed information from the developers and independent experts.
The company then began court action based on ``deemed refusal'', because the council had not reached a decision within the time allowed by legislation.
Both sides reached a loose compromise in February and the case was adjourned to allow amended plans to be assessed in April but the council’s experts said information on ``traffic management issues, stormwater, the design of the proposed public open space ... waste management, residential design considerations, streetscape, compliance with building height and density .. and like impacts on retail centres at Kirrawee, Gymea and Sutherland'' was still lacking.
The case is continuing before Commissioners Annelise Tuor and Mark Taylor.