Thank you to the Eurobodalla Shire Council General Manager Warwick Winn who attended last weeks public meeting with the more than 200 members of our community.

For all those who attended it is critically important to write a submission if you have any concerns about this proposed development. It is important to keep your objections related to relevant planning matters and where possible refer to the relevant planning

One of the key objections raised in the meeting was that the proposed 4-story buildings of the development significantly exceed the maximum building height of 8.5m as defined in Clause 4.6 of the Eurobodalla Local Environmental Plan. The developer is seeking to get a variation on the building height which would set a precedent for other developers to also exceed the height.

How to make a submission:
Submission close Monday 13th Feb
The easiest way to make a submission is to press the "Lodge Submission" button on the Council’s DA tracker for this specific development.
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if you wish to make a submission via post or email your submission should contain the Development Application number. It must contain your name, postal address and signature, as well as your telephone and email contact

Application ID DA 0391/23
Property Lots 8 and 9 DP31071, 90 – 92 Smith Street, Broulee NSW

Address to:
General Manager
Eurobodalla Shire Council
PO Box 99
MORUYA NSW 2537

Email: [email protected]
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For those who are interested in reading some further detail, a talented member of our community Owen Abbott from Owen David Architecture kindly shared his notes relating to all the technical details. They are made available in good faith and as guidance in making submissions and do not constitute planning advice.

The relevant links:

DA Application: (development proposal documents)
https://eservices.esc.nsw.gov.au/T1PRProd/WebApps/eProperty/P1/PublicNotices/Public NoticeDetails.aspx?r=ESC.P1.WEBGUEST&f=%24P1.ESB.PUBNOT.VIW&rf=P1.ESC.PUBNOTAL.E NQ&ApplicationId=DA0391%2F23&fbclid=IwAR0MeeZTwLCEBmIK6xtYgI6YPLx- _ycgQoC5uZDVy1eLmbcA_KvADexO8AU

Eurobodalla Residential Zones – Development Control Plan:
https://www.esc.nsw.gov.au/__data/assets/pdf_file/0003/135255/Residential-Zones- DCP.pdf

Eurobodalla Local Environmental plan 2012:
https://legislation.nsw.gov.au/view/html/inforce/current/epi-2012-0333#statusinformation

Perhaps you are interested in reading why the developer feels they should be exempt from the rules that apply to everyone else?

Amazingly one of their key arguments is that they need to put in a 4th story on these building so the top floor can act as "private space" for the residents. We feel that if they reduced the number of buildings they are trying to squeeze onto block then there would be adequate space for them to include private space and keep the buildings within the 8.5m height limit.

They also feel the development will bring "affordability" to housing in Broulee and "seeks to maintain the coastal village feel enjoyed by Broulee residents" and that the nine 4-story units have a design that is "an interpretation of the coastal boatshed"??? They feel the development is consistent with a Low Density Residential Zone.
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This document is the Developers rationale as part of their submission for being granted an exemption to the 8.5m height limit with some key sections highlighted.

We don't envisage that everyones submission will be this long and we would stress that a short succinct submission is better than none. 

Attached is a draft of our Submission

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Hi Andrew,

I have been observing the issues and concerns arising with the DA on exhibition for 92 Smith Street, Broulee. Thank you for the invitation to your community meeting. I will be coming tomorrow.

I thought it would be useful to forward a copy of replies to a series of questions just sent to Councillors. I look forward to meeting you tomorrow evening and hope the questions and answers may address some queries you may have received.

I am new, so still getting a feel for these matters here in the Shire. Some of the questions indicate a bit of a misunderstanding of the actual process (e.g. Council cannot just reject an application because we, or the community, don’t like it. There is a process we must follow.).

Also this issue of people not being informed. Council writes to the registered address, of adjacent and adjoining properties, where the rates go to. I get a feeling, and I may be wrong,  that people are suggesting Council is keeping them in the dark. That is not the case.   

Don’t hesitate to call me for any clarification. See you tomorrow.

Warwick