Cambria Green proponent threatens Supreme Court appeal over lack of hearings on proposed planning scheme changes
THE Cambria Green developers have threatened to go to the Supreme Court if the Tasmanian Planning Commission continues to delay hearings that could allow their project to go ahead.
The commission must sign off on changes to the Glamorgan Spring Bay interim planning scheme before Cambria Green Agriculture & Tourism can build its proposed $140 million mega-development, composed of a luxury hotel, 200 villas, a golf course, international conference centre/wedding venue and retirement and health facilities, including a crematorium.
The plan was approved by the Glamorgan Spring Bay Council seven months ago — and the developers’ lawyer, Shaun McElwaine, has this week written an extraordinary letter lashing the commission’s failure to hold hearings on the proposed changes to the planning scheme.
The process has been held up with the commission repeatedly asking Cambria Green through Mr McElwaine for more information on various issues, including proof that the person signing land ownership documents critical to the proposal had the authority to do so.
In his six-page letter, sent this week, Mr McElwaine said his clients had “significant reservations” as to whether the Tasmanian Planning Commission had acted appropriately since receiving its referral from the Glamorgan Spring Bay Council in late November.
“Prima facie, the Commission has failed to conduct the hearing ‘as soon as practicable’ and in obedience to the statutory obligation,” Mr McElwaine’s letter said.
“… you have failed to afford procedural fairness, not only to my clients but also to each of the interested parties. You have not conducted a hearing. You have not afforded any opportunity for evidence to be presented and tested.
“… with the greatest of respect, you have not conducted the hearing that is required to be conducted in order to decide all of the questions that are relevant to the draft amendment.”
Mr McElwaine demanded the commission explain within one week how and when it would hold its hearing on the proposed planning scheme amendments.
The Tasmanian Planning Commission was contacted for comment.