Council wishes to advise that the abovementioned Development Application will be reported to Council’s Development and Environment Committee Meeting on Tuesday – 1 December 2020.  As this matter is currently before the Land and Environment Court, Council will not be determining the application.  The intention of the report is to seek Council’s opinion and position regarding the development.

The meeting is scheduled to start at 5:00pm and will be held in the Council Chambers at Council’s Administration Building.  Due to social distancing requirements at this time, Council Chambers are closed to the public.  The public can view the meeting live on Council’s website at 

 A copy of the report to be considered at the meeting will usually be available on the Friday preceding the meeting on Council’s Website at:
 Should you wish to present a deputation on the report, you can apply online once the agenda has been published, using the online form at:
 Deputations should address the recommendations of the report and be either:
 A video or audio deputation which lasts no longer than three (3) minutes.

Deputations that do not meet these criteria may be edited or rejected at Council’s discretion. 

Deputation requests must be submitted by 3.00pm on the day before the meeting. Any enquiries in this regard should be directed to Council’s Governance Unit on (02) 4429 3111.

If you need further information about this matter, please contact Andre Vernez, Senior Development Planner on (02) 4429 5210.   Please quote Council's reference DA20/1579.
 For all replies please use councils email address –
Re DA20/1597 Demolition of Existing Structures and Construction of Shop Top Housing Comprising Two Commercial Premises and 17 Dwellings.
Erowal Bay SHOP DA
WARNING: The above graphic is a screenshot from the DA of an ‘artist impression’ and experience suggest important detail may be masked or left out of such graphics, e.g. the one public phone booth in the village on the corner is missing, the verge on the right hand side of the building is actually quite elevated not flat as shown and the road on the right side [King George Street] is only half the width indicated and in its current conditions there is barely enough room for two cars to pass.
Council received a substantial number of 201 Submissions in response to the notification of this $12 million DA received by SCC on June 5 2020. There were some supplementary submissions. All the DA Documents and the all submissions can be seen on the Council’s DA Tracking Site. The DA, as can be seen from the above DA screenshot extract, involves Hotondo Homes but Council has requested a clarification of exactly who is the applicant as a Hotondo South Coast Staff member has signed as applicant. So who exactly is responsible?
The community reaction through submissions is on a per capita basis for the small village [623 pop’n in 2016 Census] is an amazing log of submissions and it is to be kept in mind that so many of the submissions, as my own, were on behalf of more than one person and that people with holiday homes may not be aware of the DA. This occurred despite council not communicating in writing about the DA to the whole village, when it was a concern to the whole village, as the submissions would attest. These submissions also included that of the Basin Village Forum, whose committee includes Erowal Bay residents.
Virtually all, if not all, were against the proposed development.
In addition there was a Petition, which garnered over 1000 signatures opposed to the development.
Council staff consideration of the DA and the extensive opposition to the proposed development has led to a Council communication with the proponent Michael Mascaro being requested by Council to reconsider his proposal in light of the submissions received. [as per DA Tracking ‘View’]
Council has advised Mr Mascaro:
That it has assessed the design quality and considers that the current design does not respond to and enhance the qualities and identity of the area, streetscape and neighbourhood.
The proposed scale, bulk and height is not appropriate to the desired future character of the street or surrounding buildings. The density is not appropriate to site context and not consistent with existing or projected population. The design does not positively influence external amenity for neighbours.
There needs to be further consideration of the local context given the site is in an established area not undergoing significant change or identified for change.
Council requests the proponent consider the submissions and that the development be redesigned to ensure it is compatible with the local area. Council requests the information required be forwarded within 14 days