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1. Department of Planning, Industry and Environment Alpine Resorts Team
   Shop 5A, Snowy River Ave
   Jindabyne NSW 2627
   Dear Sir
   of Planning, Industry and Environment Alpine Resorts Team
   Shop 5A, Snowy River Ave
   Jindabyne NSW 2627

   Dear Sir

   DA 10064 Proposed Redevelopment of Black Bear Inn

   I refer to the above matter, the further material provided by the proponent on 6 November 2019, and our submission in relation to the Development Application during the initial Exhibition period.

   We submit that nothing in the developer’s response addresses the concerns we raised in our original objection submission.

   We have read the follow up submissions made by Ray Temperley and Lynne McDonald and by Grant Kleeman, all from Squatters Run apartments. Rather than repeat the arguments set out in those two submissions we agree and adopt each of the Points in those submissions as our own.

   In addition, we submit that the developer’s response in relation to concerns about the access from the village square to the new development, are unsatisfactory.

   The stairway

   The developer suggests that screening plants will ameliorate the privacy issue in relation to the proximity to the bedroom window of apartment 17 Squatters Run. This response is unacceptable because it is well known that plants in the alpine area will take a very long time to grow to a sufficient height and density to provide any sort of screen. Further, the plants will do little or nothing to reduce the noise on the stairway both from voices and footfalls. Further, plants in the alpine area have a high mortality rate. The proposal is silent on the responsibility of Black Bear owners to replace plants when necessary and to undertake routine maintenance.

   The developer remains silent about the type of material to be used to construct the stairway. We submit that any form of steel stair tread will be excessively noisy and should not be approved. The developer remains silent on the issue of the safety hazard arising from the use of the stairs in icy or snowy weather. In particular, there is nothing in the DA to ameliorate our concerns about snow clearing, maintenance and assumption of legal liability by the owners of Black Bear.

   The developer remains silent on the question of how the stairs are to be lit. Given the proximity to the bedroom window of Apartment 17 and the living space windows of Apartments 27 and 32, strict conditions need to be imposed to ensure that lighting does not allow light spillage above waist height and the lighting be strictly confined to the stairs themselves.

   Having said that, we are opposed to the construction of the stairs in any form. The original DA from 2011 proposed stairs which would only be used by resident guests in Black Bear as the access to the restaurant was via Diggings Terrace. In that regard the original DA was misleading and should not be relied upon in relation to a development which is so substantially different from the original proposal. In other words, any consent from neighbours in relation to the stairway proposal in the original DA should be considered to be withdrawn as the proposal upon which neighbours might have been consulted bears little or no resemblance to the current proposal.

   The best solution is for the restaurant to be relocated to the upper levels of the building as in the current Black Bear with access from Diggings Terrace. Should the stairs go ahead then the lower doors should be secured by key pad to restrict access to resident guests.

   In the event that the restaurant remains in its proposed low level position it should not be visible from the village square by the use of hard screening, thereby minimising foot traffic from the square.

   Other buildings

   The developer points to other large scale buildings recently constructed in the village and suggests that this permits a further building of the scale proposed. In relation to the Peak and Elevation apartments we say that the bulk of the building sits below the road level so the bulk of the building is not apparent. In other words, the streetscape of the village is preserved. The Black Bear façade is completely inconsistent with the general streetscape in Thredbo and impacts adversely on the view of the mountain presented to a visitor arriving in the village from the Alpine Way.

   The Mittabar apartments are well recognised in Thredbo as being totally inappropriate and should not have been permitted. The size, bulk and proximity to the roadway of those apartments have no doubt been a significant factor in the general community’s objections to the Black Bear proposal.

   A right to a view

   We submit that no developer should have the right to intentionally devalue other properties and businesses for their own personal gain. Access to beautiful views and privacy add significantly both to the monetary value and the enjoyment of existing buildings. Not only will the proposed building decrease the capital value of other buildings, but it will also negatively impact on the businesses which are based in these properties.

   The impact upon the view available to guests of High Noon in particular has to be described as beyond significant to the scale of devastating.

   It is our submission that the redevelopment of Black Bear be confined to the size, bulk and current height of the existing Black Bear, the access to the village square be restricted to the greatest extent possible, hard screening be installed to protect the privacy of Apartment 17 and subdued lighting be a feature of any stairway, should our submission that the stairway not be built is not accepted.

   Richard and Sally Gallimore
   Apartment 17
   Squatters Run

   PO Box 200 Thredbo 2625.

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