A developer that scored a victory over Lake Macquarie City Council in the Land and Environment Court of NSW is seeking to reschedule the delivery of its housing estate.
Landen Property is developing a 70-lot residential subdivision at 21 Colleen Lane in Wyee. Another lot at the northern end of the development near Mannering Creek is proposed for conservation.
The development application (DA) was initially refused by the council due to bushfire hazards, flood management, and necessary infrastructure contributions.
However, Landen had the DA approved on appeal in the Land and Environment Court in March last year.
A part of that approval depended on a voluntary planning agreement (VPA) being "executed" between Landen and the council before the issuing of a subdivision works certificate (SWC).
Landen is also required to pay the council $1.4 million in development contributions.
Landen has submitted a modified DA to the council calling for the release of the SWC before the VPA being finalised.
"The proponent is close to reaching satisfaction of all other conditions relating to the SWC," Cohesive Planning argues on behalf of Landen in the Modification Supporting Statement.
"As the timing of the VPA is uncertain, there is a concern that works will be unreasonably delayed. Given financial constraints, it is critical that the development progress to completion as soon as possible.
"Being able to continue the construction prior to the VPA being entered into will ensure the proponent can avoid delays in reaching settlement to ensure the development remains viable and does not place the developer under undue financial hardship."
Lake Macquarie council staff are reviewing the modification, and it will be put on public exhibition on August 20.
A spokesperson for the council said the proposed VPA "included commitments for the rehabilitation of the conservation land, future dedication of the land to council and payment of an endowment fund."
"A voluntary planning agreement will follow the letter of offer, based on the terms of the letter of offer. The VPA is to be signed off on prior to the release of the first subdivision works certificate (SWC).
"Physical works for the subdivision can begin once an SWC is issued."
The council has proposed names for two new roads as part of the Colleen Lane development, which is on public display.
The names are Armitage Street and Zanda Lane.
The Armitage family had three members who served in World War II: Harold, William and Ivy.
Zanda Lane is named after the yellow-tailed black cockatoo, which is a native species to Wyee.
Public submissions are open until August 24.
The village of Wyee is earmarked for major redevelopment in coming decades.
The Radcliffe housing estate to the west of Colleen Lane is already under way, and there are approved subdivisions at 1377 Hue Hue Road and Wyee Point.
The Colleen Lane development is within 300 metres of Wyee train station.
