Developers of the proposed IGA supermarket in Maclean, Chums’ Investments, have been given more time to commence construction at the Cameron Park site.
At last week’s Clarence Valley Council meeting, councillors agreed to “delegate to the General Manager authority to sign a Deed of Variation of Contract for Sale with Chums’ Investments”, which “amends Special Condition 16.1 of the contract for sale as follows: ‘The Purchaser must physically commence construction of any approved development on the land on or prior to 31 December 2016’.”
Councillors had previously extended the construction date limit to June 30, 2016 at the December 2015 council meeting.
“The Contract of Sale with Metcash for the sale of Lot 102 1189229 3-5 Centenary Drive, Maclean [“now owned by Chum’s Investments”] contains ‘Buy Back Provisions’ (Special Condition 16) in Council’s favour, which would allow Council to buy back the land if an approved development was not commenced by 31 December 2015,” the report to council states – this condition now applies to the December 2016 date.
While the Joint Regional Planning Panel has approved the development application for the supermarket, “there are a number of procedural matters (plan of subdivision to be finalised, land swap to occur), which will prevent Chums’ Investments P/L being able to comply with the requirements of Special Clause 16.1 of the Contract of Sale [before June 30, 2016],” the report to council states.
“As a result, Chums … has requested that Council agree to grant a further extension of the time line.”
According to the report to council, “the subdivision plan for the relocated supermarket site is currently being assessed by Council staff and approval is imminent”.
The draft land swap agreement “requires construction of the Argyle Street carpark before closure of any of the car parking areas within the existing Centenary Drive Carpark”.
Chums will construct the car park “at Council’s cost”.
“Council staff met with Chums design and engineering consultants on Wednesday 27 April 2016 to discuss specific design requirements for the new carpark and associated drainage and traffic management requirements for the development,” the report to council states.
“It is proposed that Chums will lodge a separate Construction Certificate application for the new carpark, which will enable works to progress on the carpark before the supermarket works commence.”
Councillor Jim Simmons, the only councillor to vote against the motion, said he was “not happy” and described the application for an extension to the start date as “just another deferment”.
“It seems there is no reason why the applicant can’t start work on the Argyle Street car park,” he said at the meeting.
Corporate director Ashley Lindsay said he “thought the general manager had adequately covered” Cr Simmons’ “concerns” at the previous week’s committee meeting.
Cr Andrew Baker declared a pecuniary interest, due to his association with an adjoining landowner, and left the chamber; Cr Craig Howe was absent.