A group residents opposed to the development of a block of units in Shoal Bay have had a second minor victory in their fight to stop it.
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The development, which has been strongly opposed to by residents and subject to a petition with more than 300 signatures, has been called before Port Stephens Council.
However, the matter was not on the agenda for Tuesday’s meeting, the last before the local government election. It will be called to council following the election in September.
A DA for a block of 10 hillside units was advertised on Christmas Eve.
The new block would replace the ageing units at 31 and 31A Leonard Avenue.
Six units at the rear of the complex were designed with balconies, which had Tomaree Road residents Russel and Marilyn Williams worried that future tenants would be able look straight into their backyard and living room.
The group of concerned residents had their first victory when the DA was withdrawn.
However, months later the DA was relodged under a different classification, one which did not require Port Stephens Council to advertise the DA, only notify neighbouring properties, which it did.
Mr Williams said the plans for the block of units showed it is “the same monster, just trimmed along the edges”.
“It’s basically the same but the council didn’t feel a need to notify the wider community,” he said.
Brett Gardiner, Port Stephens Council’s planning and developer relations co-ordinator, said the current and previous designs are not identical.
“Changes have been made to the design which impacts the type of development it falls under,” he said.
“The previous development constituted a residential flat building, while the current building is defined as multi-dwelling housing.
“Due to the level of community interest in the previous application, council widened its notification area beyond immediate neighbours to ensure that interested parties were informed. In total we notified more than 25 residences.”