Controversial development linked to serial shonk approved by court

The NSW Land and Environment Court has approved a housing development linked to serial building shonk Daniel Roberts and his business partner Shashanth Shankar with tighter restrictions after a settlement was reached with Lake Macquarie City Council.

The council initially refused the development application (DA) from Mr Shankar last October for five three-storey townhouses at 17 Herd Street in Mount Hutton.

The council cited more than a page of reasons for its refusal, including lack of stormwater drainage, vehicle access, erosion control and insufficient information and plans.

Mr Shankar appealed the refusal in the NSW Land and Environment Court and after four conciliation conferences, an agreement was reached on Thursday.

The court ruled Mr Shankar must pay $6000 to cover the council's costs and satisfy the conditions of consent, which include subdivision boundary alignments, bushfire protection, a waste management plan and a landscaping report.

Mr Shankar will also be required to pay $58,445 towards the council's contribution levy to ensure adequate community infrastructure is provided to meet demands generated by new development.

A further $32,436 housing and productivity contribution must also be paid, adjusted for indexation, to the council.

Mount Hutton resident Stephen Kuzmik and other neighbours have been fighting the DA for more than nine months due to concerns the development did not suit the suburban area.

There have also been concerns due to Mr Shankar's and Mr Roberts' well-documented involvement in the disastrous building developments in Wallsend and Jesmond.

Mr Kuzmik said on Friday that the Land and Environment Court decision felt "like a win" because onerous conditions were placed on the development, but residents were disappointed it was going ahead.

"It was going to go ahead in one form or another," Mr Kuzmik said. "We just didn't want it to go ahead in its existing form, which it hasn't now.

"But the residents are feeling deflated. But we look at the positive side, and the positive side is we've had a win.

"It's going to end up costing him a lot more money. We've already cost him a lot of money with what he's currently building out there."

Mr Shankar was contacted via Mr Roberts' Ecoo Homes for comment. Ecoo Homes is advertising stage one of the three-bedroom 17 Herd Street units on its website.

A spokesperson for Lake Macquarie City Council said the developer "has addressed key issues by ensuring safe access, effective stormwater and waste management, appropriate landscaping, and positive interaction with surrounding lots and other development on the site."

Council staff have made several visits to the site this week.

"Council compliance staff have been monitoring the site on a risk-based approach, monitoring a range of development-related matters, such as traffic management and parking compliance, public land encroachments, and erosion and sediment controls," the spokesperson said.

"The frequency of site visits changes based on site activities, weather forecasts and neighbourhood impacts.

"Council understands the owner has also appointed a private certifier for the construction phase of the development."

The Newcastle Herald revealed last month that the council had issued a $30,000 fine to the 17 Herd Street builder, Sustainable Homes Australia R and D Pty Ltd, for "failing to provide adequate erosion and sediment controls."

A further fine of $30,000 was issued by the Building Commission NSW and a rectification order in February to fix several defects in the concrete work.

The council could not confirm if the fines had been paid, as they are managed through Revenue NSW.

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