The Development Application, submitted to Wollongong Council, to build a long, narrow home on an existing laneway at Stanwell Tops has been rejected by the entire four-member IHAP Panel.
The privately-owned, six-meter wide land is an access-way to six homes, with garages built to face the narrow strip, as determined in the landowners title deeds.
The application was lodged earlier this year to build a home on the land, blocking existing owners access.
Council received twenty letters opposing the development.
You can read the story HERE
Wollongong City Council passed the matter to the Independant Hearing and Assessment Panel which has inspected the site and decided unanimously not to support the application, saying it would ‘contravene the legal rights of access enjoyed by six adjoining owners.’
The IHAP report findings say…
” The site is burdened by a Right of Way of which six (6) adjoining properties benefit. As such, the site is not considered suitable for the proposed development and the issuing of development consent for the proposed development is not considered to be in the Public Interest.
“As the proposed development would conflict with the rights of way, Council cannot issue a development consent for the proposed development that could not be exercised while the rights of way benefitting the owners of the lots facing Stonehaven Road were in place.
“It is concluded that the subject site is not suitable for the proposed development”
An application had also been lodged in 2017 to subdivide the land into two residential lots.