Federation Council has avoided what they predict would be a costly and unsuccessful challenge in court after approving a development application for a strongly objective $2 million drive-thru BWS bottle shop in Howlong.
The majority of councillors (6-1) approved the application at its monthly meeting on November 26, for a bottle shop with an associated drive-thru, car parking, signage and landscaping to be developed on Maxwell’s Corner, 86-96 Sturt Street.
Councillors Andrew Kennedy, David Bott, David Harrison and Pat Bourke all spoke for the motion recommending to approve the application subject to conditions highlighting that the applicant had fulfilled all the conditions.
Cr Kennedy, who moved the motion, said he had listened to both sides, for and against the development.
“But I want to take the emotion out of it,” Cr Kennedy explained.
“I look at it as a business. The business owner has bought this site and has put a legal development application in, which has been scrutinised heavily by our staff and the staff have recommended to approve it.”
Cr Kennedy said if council went against the recommendation to approve the application it would likely end up in the Land and Environmental Court of NSW and from there it would be a “ninety per cent chance it would go ahead anyway”.
“And then it’s going to cost our ratepayers money to defend it,” Cr Kennedy added.
Cr Bourke said it is a tough decision and reflected on a decision by council with similar emotion in regards to approving the Corowa Skatepark development.
“They’ve ticked every box, Transport for NSW is saying they can have truck movements in the area,” he said.
“Our staff have spent hours and hours pushing these people to make sure that plans are conditioned to suit our council requirements.
“These people have purchased that block because it’s a prime spot in Howlong for sales, just like the pub beside it.
“I battle to go against what is their (the applicant's) civil right.
“Their plans have been put in, everything is correct, I have to go with it,” Cr Bourke said.
Cr David Harrison, as a seconder to the recommended motion, said he had read the development application in depth several times and understood all aspects requested by council and authorities had been fulfilled by the applicant.
Cr Harrison also added that his initial concerns about traffic management on the site had been allayed confirming there had been action undertaken as a result.
“I am in a position now, where I have no choice but to approve this as well,” he said.
Cr David Bott said he agreed that the location “was not a great one” but pointed out that the site was zoned commercial, and the developer had met all the conditions.
Cr Bott believed if council were to go to the Land and Environmental Court it would lose.
“The reality is we are going to get beaten and then I have done a disservice to the ratepayers in regards to the financial responsibility that we hold as councillors,” Cr Bott said.
“As much as this is a moral issue, at the end of the day, the criteria have been met.”
Howlong councillors Mayor Cheryl Cook and Cr Susan Wearne declared conflicts of interest due to being involved in the Howlong Community Progress Association and therefore were a party to it formally objecting to the bottle shop before they were elected to council.
The only councillor to speak against the recommended motion was Cr Derek Schoen who motioned not to approve the outlet citing his moral stance on the issue in regards to the concerns of the community based on it having a detrimental impact on traffic and pedestrian safety and social amenity.
Mr Schoen was unable to attract a seconder to his motion but highlighted his concerns about traffic management and safety along with signage.
“The bottle shop is directly opposite the old people’s home (Oolong Aged Care) with signage that will have the home bathed in orange light, mostly of the time that these people are awake in the evening,” Cr Schoen said.
He added that the Transport for NSW letter of support does not take into account increased traffic volumes over the next 25 to 50 years.
“This is a long-term establishment,” he said.
“We have other sites within Howlong where a bottle shop could be located that would be ten times more suitable for this development.”
During the notification period 19 submissions were received by council highlighting concerns about pedestrian safety along Sturt Street, increased traffic congestion and road safety, access to the site by delivery vehicles, the social impact and the potential impact of anti-social behaviour from alcohol consumption, the impact on the local supermarket and other liquor outlets, character and heritage concerns and amenity impacts.
The signage proposed for the site includes two 5-metre-tall pylon signs.
The proposed operating hours for site are; Sunday- Thursday 10am-8pm, Friday and Saturday 10am-9pm.