Developers issued ultimatum

THE developers of the Oyster Cove Residential Resort may be forced to dismantle a 1.8 metre fence that surrounds sections of the development.

If they don't, the Clarence Valley Council might do it for them and send them the bill for the work.

A recommendation to be considered by a meeting of the council today says council should insist on adherence to its original consent and authorise staff to arrange demolition of the unauthorised section and to 'recover all costs incurred from the property owner if all 1.8m fence is not reduced to 1.2m by May 19, 2006'.

A report to the council says that in October 2001 the council approved the demolition of an existing sports complex and the provision of an additional 30 homes.

"The proposal was controversial, with significant opposition from local residents," it said.

It says that in February this year residents contacted the council saying the fence was being constructed, but not in accordance with approved conditions.

"The builder was instructed that the fence was unauthorised and advised to halt work," the report said. "By this time the fence was largely completed and it is understood that the builder continued until completion."

In February the developer was given 14 days to explain why the council should not issue and order to comply with conditions. Later that month the developer applied for a construction certificate approving the fence, but that was rejected because the block wall was not in its approved location and the fence was completed before the application was made.

A demolition order was made in April. It expires on May 19.

If the fence is not removed and no appeal has been lodged, the council can then demolish it.

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