A DIVISIVE supermarket development has raised concerns Uralla Shire Council could be stripped of its planning powers.
Five councillors have moved to rescind the approval of extensions to the FoodWorks at an extraordinary meeting on Tuesday, just six days after the decision was made.
The development application will see additions to the supermarket, a new carpark and the demolition of the existing structure except for the historical facade.
Councillors Tara Toomey, Bob Crouch, Tom O'Connor, Levi Sampson and Robert Bell have asked that if the approval is rescinded, the DA decision should be deferred again for the council's general manager to negotiate with the supermarket owner to make more changes.
The council has already deferred the decision once, publicly exhibited the application and exhausted all avenues of negotiation with FoodWorks owner Peter Hay, general manager Kate Jessep said in a report to the council.
"Council would give rise to a charge of failing in its statutory obligations if it again deferred the development application," she said.
"Council's failure to administer its statutory responsibilities may give rise to the Minister for Local Government removing council's planning powers.
"I recommend Council acts in accordance with its statutory obligation and determines the development application without further delay."
In light of the rescission motion, Ms Jessep contacted Mr Hay to see if he would consider any further changes to his DA.
Mr Hay argued that his planning consultant and council officers had undertaken considerable negotiations that has seen several changes to the DA since it was lodged in December 2019.
The application was then deferred in April for further community consultation in May, Ms Jessep said.
"Mr Hay has advised me that he believes he has acted in good faith and therefore, respectfully declines to participate in any further community consultation or negotiations to further amend the development, other than via conditions of development consent," she said.
"Mr Hay has requested council determine his application based on the information before council."
The concerns raised by the five councillors who want to backpedal the decision are around traffic and pedestrian management, disabled access, the new carpark, retention of the bus parking shed and professional advice to maintain the trees and surrounding structures.
The approval of the FoodWorks extension was granted after a two hour discussion on June 23.