PORT Stephens Council is likely to recommend the Joint Regional Planning Panel (JRPP) refuse a development application for the expansion of Soldiers Point Marina.
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The announcement has been described as a win by the Soldiers Point Community Group which has been fighting against the proposal, but the president of the group said the fight was not over yet.
"We are still working on the basis the JRPP will hold its meeting as soon as the council submits its recommendation," Soldiers Point Community Group president Colin Howard said.
"We are preparing to address that hearing."
Port Stephens Council confirmed last week it had advised the applicant for the proposed extension of Soldiers Point Marina that a Species Impact Statement (SIS) would be required as part of the assessment.
The announcement comes after the council, in March, received 260 new submissions from members of the public during community consultation.
It was the fourth time in two years that the application had been put on exhibition.
Key concerns raised were that the development would impact fauna and flora and would cause marine navigation and parking issues. A number of submissions raised concern about the potential impact on the habitat of the beach stone curlew, a resident bird of Dowardee Island, of which only 13 known birds exist in NSW. Three of these birds have been located next to the marina.
"Given the precarious nature of the long-term survival of the beach stone curlew, combined with the relationship of the proposed development to this habitat, it was determined that an SIS is required," Port Stephens Council manager of development assessment and compliance, Matt Brown, said.
"Without an SIS, council will not be in a position to recommend approval to the JRPP, which has the ultimate say on this application.
"The applicant has the choice to withdraw the development application while an SIS is prepared.
"However, if they do not wish to withdraw, council will proceed with a report to the JRPP."
The council has sent all submissions to the Director-General as required and will await advice from the Director-General before finalising its report to the JRPP.