Work on the construction of 86 apartments and a hotel complex on the site of the Eden Fishermen's Club in Imlay Street will restart after Easter 2023, Core Asset Development's senior adviser John Palasty told ACM.
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Work on the development stopped during a 14-month dispute between Bega Valley Shire Council and the developer Core Asset Development (CAD) about council's requirement for a roundabout at the intersection of Imlay and Chandos Streets.
CAD took the matter to the NSW Land and Environment Court and on March 24, 2023 a determination was given on the case following mediation.
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During the mediation process council agreed to remove the condition relating to the roundabout and two further conditions relating to the use of Strickland Lane for service vehicle access, and to the provision of on-street car parking spaces.
ACM understands there was a desire by council not to take the matter further through the court process, particularly as council was unlikely to win.
In his determination, NSW Commissioner of the Court Michael Chilcott, said as the parties' decision was a decision that the court could have made in the proper exercise of its functions, he was required to dispose of the proceedings in accordance with the parties' decision.
Bega Valley CEO Anthony McMahon said there was no trigger for an intersection upgrade.
"After all the traffic assessment work council requested be done to determine whether the development would trigger the need for intersection upgrades, the evidence has demonstrated there isn't any trigger for intersection upgrades as a result of the development," he said.
"In simple terms the developer isn't required to construct a roundabout," Mr McMahon said.
Mr Palasty said the legal action had cost him $300,000 and the delay had affected the development and people who wanted to buy apartments.
He said all buyers' contracts would terminate in September because the apartments hadn't been built as planned.
"In the meantime there's been a 15 per cent increase in costs and that's an additional $13 million on $68 million, [the original cost of the development] and so we will have to increase sales prices to cover the cost," Mr Palasty said.
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Denise Dion
Regional daily news journalist on the Far South Coast of NSW. Contact me on 0418 213 780 or at denise.dion@austcommunitymedia.com.au
Regional daily news journalist on the Far South Coast of NSW. Contact me on 0418 213 780 or at denise.dion@austcommunitymedia.com.au
