Planning and sustainability director Len Kosova said the recommendation to approve Amendment 21, which would allow the landowner of Lot 19 Clarkson Avenue to increase the allowable retail floor space from 1100sqm to 1900sqm, remained unchanged. The reason for the withdrawal came after a deputation at the February 5 meeting from Paul McQueen, a partner from Lavan Legal representing the owner of Drovers Market Place.
His deputation stated that Amendment 21 was flawed because the development site was rezoned commercial when another amendment was out for public consultation and so the change was not advertisied.
‘Amendment 21 is defected because the rezoning took place without the appropriate procedure to be followed,’ Mr McQueen said.
At the March 26 briefing, Mr Kosova said he and the city’s lawyer had asked Mr McQueen to provide the evidence he was using for his opinion, which was forwarded to the city’s barrister.
‘The opinion from counsel has simply reaffirmed administration’s previous report and recommendation,’ Mr Kosova said.
At the April 5 meeting, Greg Rowe and Associates general manager George Hajigabriel, representing the owners of Lot 19 Clarkson Avenue, gave a deputation.
‘Last month, the matter was deferred by council to allow consideration of concerns raised by the proponents of Drovers Place,’ Mr Hajigabriel said.
‘This is the second time the Drover’s Place proponents have used the same approach in order to frustrate and delay the planning process ” they undertook a similar approach in May 2012.’