CONTROVERSIAL developments at Catherine Hill Bay and Huntlee New Town at Branxton are expected to return for planning assessment within months after the State Government closed the loopholes they fell through last year.
The Herald can reveal that Planning Minister Tony Kelly has changed the Lower Hunter Regional Strategy, deleting the Achilles heel that resulted in the two major residential developments failing during court challenges last year.
The changes are sure to infuriate residents' groups that won David-and-Goliath-style battles against the developments in the NSW Land and Environment Court.
Mr Kelly is expected to announce today that he has removed references to Memorandums of Understanding [MOUs], which Environment Court Justice David Lloyd had described as "land bribes".
Justice Lloyd voided State Government approvals for almost 800 residential lots planned by developer Rose Group at Catherine Hill Bay and Gwandalan, based on the MOUs and related deeds of agreement.
The landmark decision set a precedent for Huntlee to be quashed, which occurred soon after.
Mr Kelly said the two developments would soon be back with the Planning Department, ready for reconsideration.
"The existing regional strategy, independently of those MOUs and deeds, continues to provide a clear basis for all sites in the strategy to be considered on their merits and assessed according to law," Mr Kelly said.
The state will still be able to pick up parcels of land from developers for conservation, under the changes through voluntary contributions.
"Conservation land offsets will now be facilitated through the preparation of Voluntary Planning Agreements within the framework of the Environmental Planning and Assessment Act," he said.
The Government is still in talks with other developers who had signed redundant MOUs but whose applications had not been determined.
Minister for the Hunter Jodi McKay said yesterday she was pleased the Lower Hunter Regional Strategy was being reinforced.
"The strategy provides the community, local councils, developers and the Government with a clear framework for housing, employment growth and environmental protection in the Hunter," Ms McKay said.
"With an extra 160,000 people expected to call the Hunter home by 2031, it's important the Government, community and private sector have a guide to ensure growth happens appropriately."
Email a friend