Commissioner Dickson gave consent on March 15 in the court for the development comprising eight units and strata subdivision at 96-98 Queen Street, subject to conditions.

The appeal was lodged by Vitalize Landscapes Pty Ltd against Oberon Council’s refusal of a development application which was submitted in August 2016.

Council had refused the application for reasons including insufficient information regarding buffer areas, design and layout, private open spaces, visual amenity, common open space, car parking layouts, safe traffic movements, vehicle access/egress and car parking.

Council had identified the design as an over-development of the site.

The matter commenced in the NSW Land and Environment Court by way of a conciliation conference. A number of objections were lodged and at the commencement of the on-site view, objectors were given the opportunity to express their concerns to the court.

Prior to the start of the hearing, the proposed development was amended. These changes were incorporated in an updated set of plans that was given leave by the court in January. It was these plans on which the applicant sought approval from the court.

Council's deputy general manager Gary Wallace said not much had changed through the mediation and details failed to be resolved.

"There was not adequate information and that's why it went to court,” he said.

"The DA was approved by the commissioner subject to conditions which we expect to have soon. Councillors looked at the DA on its merit, which they refused in August. The applicant has every right to take it to the Land and Environment Court and not inform council on that decision."

Mr Wallace said a legal cost report will be supplied to councillors at the next ordinary meeting on April 18. 

Cr Clive McCarthy, who supported the original DA in August 2016, said he could not see a problem due to the similarity to eight units recently built in North Street.