Rural residents near Marulan have been left disappointed by the approval of a subdivision amid a large lot area.
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Councillors at their meeting on Tuesday signed off on the eight-lot subdivision at 30 Dorsett Road, some 5km northwest of the town near the Betley Park estate.
Neighbours such as Allan Mitchell and Talya Farrell and her partner Adrian Gray strongly objected to the plan to develop 2000 square metre blocks amid predominantly two-hectare properties.
"It feels like an invasion of privacy and on the quality of our lifestyle," Ms Farrell told open forum.
"(I want) to express our sheer disappointment and frustration."
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But planners told councillors the area was zoned for 2000sqm lots in 2009 and there was no legal basis to refuse the application.
Land to the north had approval for a 53-lot subdivision, currently under construction, their report stated.
The DA attracted six submissions when publicly exhibited. Neighbours also raised concerns about stormwater management, flooding of watercourses, fauna impacts, bushfire risks, impacts on lifestyle quality and amenity, among other issues. Some also claimed large tracts of vegetation had been cleared illegally, a charge which the developer's consultant rejected.
Mr Mitchell said he bought his block, 90 metres from the proposed subdivision, in 2007 and moved permanently from Sydney to Marulan in 2013 for the country lifestyle.
"I'm not against the development as such but I'd prefer one that was (closer to) four lots," he said.
Mr Mitchell said he'd recorded 17 days since 2013 on which rainfall exceeded 100mm that caused heavy water inundation on at least two proposed blocks on the site. In February, 253mm fell on one day.
"It had a great impact on all the blocks," he said.
"I don't know and understand how a development can proceed given that impact of rainfall."
Ms Farrell also told open forum that she and Mr Gray had bought their block and built their "dream home" with the intention of raising a family.
"Our disappointment about this DA was shared by residents around us. Most bought for a reason and that was to share the country lifestyle," she said.
"An eight-lot subdivision is uncharacteristic of the area."
Planners recommended conditional approval. Environment and planning director Scott Martin pointed to a flood study by "a reputable engineer (SMEC)" that concluded water impacts could be managed. Minimum floor levels will be imposed on buildings on two lots.
He also said the proponent had stated land clearing in 2017 was carried out under RFS asset protection laws. A condition requires the developer to purchase an environment offset.
In response to a question about legal grounds to refuse the DA, general manager Warwick Bennett said as it was permissable, the council would have to find a "very sympathetic planner" to defend this position.
But Cr Andrew Banfield moved refusal, claiming that flooding and clearing issues hadn't been adequately addressed and the smaller lot subdivision wasn't in the public interest.
"At no point when it was done was it designed for these size lots," he said.
"...We are about to impose an inconsistency. If there was one neighbour complaining, that would be different, but we have a whole neighbourhood complaining.
"We encourage people to move out of the big smoke for the lifestyle but now we're bringing the big smoke to them."
Cr Banfield said ratepayers had a right to have their money spent on defending their lifestyle.
But Mayor Bob Kirk countered that it was permissable and the council had little option than to approve.
"It's uncharacteristic only because others haven't done the same thing yet," he said.
The Mayor said the same issue had arisen around Bonnett Park in Goulburn and the council would likely be confronted with other instances.
The issue of smaller blocks in larger lot areas has arisen several times in recent years. The council has sought to address it through its Urban and Fringe Housing Strategy.
But Deputy Mayor Peter Walker called for a briefing session on the subject.
"We had the same thing at Mary Martin Drive (in Goulburn)," he said.
"I'd like to see if we can close the door on it in future."
Councillors approved the DA five votes to two, with Crs Banfield and Margaret O'Neill against. Crs Sam Rowland and Alf Walker were apologies for the meeting.
A condition requiring post and wire fencing was added at Cr Kirk's suggestion and in response to Ms Farrell's concerns.
After the meeting, Mr Mitchell said he was extremely disappointed.
"It wasn't until I put the DA in for my house (before 2013) that I got an indication something would happen with the lot sizes," he said.
"I wasn't advised of the (2009) LEP changes at the time, so to me, that's not transparency."
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Louise Thrower
If you have a story to tell, drop me a line at louise.thrower@austcommunitymedia.com.au or call 0418 229 678.
If you have a story to tell, drop me a line at louise.thrower@austcommunitymedia.com.au or call 0418 229 678.
