The developer for a proposed shop top housing at 302–308 Oceanview Road Ettalong Beach has withdrawn from a Land and Environment Court hearing that was to take place this week.
The applicant has indicated to the court that it will be amending its development application (DA) for the site on the corner of Ferry Rd and Ocean View Rd.
Council said that if a new DA is lodged all residents that lodged a submission when the original proposal went on public exhibition will be notified.
The developer went to court appealing the Local Planning Panel’s refusal for the part demolition of existing structures and the construction of a mixed-use development including ground floor retail, shop top housing and serviced departments.
The local planning panel listed 14 reasons for refusal including:
- Height non-compliance – departure basis 22.82% – 32.94%
- FSR non-compliance – 1% and 4.29%
- Building separation – 36% variation
- Inconsistent floor to ceiling levels throughout the development, lack of clarity and consistency between the Plan view and the elevations, and the implications of this for access to the building including for emergency evacuation and emergency services access.
- Lack of clarity as to what part of the existing building fabric is to be retained and what is to be newly constructed, particularly in relation to the corner retail use.
Screenshot shows the site.