THE hearing into Eurobodalla Shire Council's decision to refuse development consent for Sunshine Bay Village has begun with a thorough inspection of the site in question.
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About 50 spectators, including councillors, residents, Batehaven shop owners and members of the indigenous community, were present as Land and Environment Court officials examined maps and toured the site, taking special note of boundaries.
Closest neighbour, Andrew Winter, was expected to give evidence yesterday afternoon at the Batemans Bay Courthouse into the potential effect on his home.
"(It was meant to be) a small neighbourhood shopping centre. Not with the waste disposal, the truck bay. It's six metres from our boundary," he said.
The court was also due to visit Batehaven. Scully's IGA co-owner Matthew Burgess said he would testify about the possible economic effect on the nearby shopping centre.
"It will close three to four shops and severely impact on our business," he said.
Not all present were vehemently opposed to the development, which would involve a Woolworths and other smaller stores.
Nearby resident Olive Jones, 85, said she had bought her home knowing shops would be built.
"I'd like to see a shopping centre of some type but what's worrying me is the traffic problem. Council also wants to let us know what else they would do with the land if there's not going to be a shopping centre," she said.
"I'd like to know a bit more about it, what basically is going in here," said Sunshine Bay resident Rhonda McKechnie.
"All we know is it's going to be a Woolworths store, some units at the back, and you're going to have parking. If they have a liquor store in there as well, it's going to be rotten."
Jetset Properties director Julie Deane said Woolworths had bent over backwards to modify the design of the centre since the development application was first presented 11 months ago.
"They are trying to do their best and I congratulate them for it."
She said the development had been the victim of misinformation regarding its scale.
"The Woolworths store would now be smaller than the store in Flora St, Batemans Bay. There would be no service station or liquor store, while increased landscaping and a coffee shop and piazza would present a pleasant atmosphere," she said.
"Woolworths is getting to the stage where it would not be viable for them if it gets any smaller."
The hearing was expected to continue until Thursday.