Wingecarribee Shire Council has ordered a real estate agency to take down a local land sale advertisement that wrongly asserts that the site can be subdivided for residential development.
Council’s General Manager, Lisa Miscamble said the property on the Illawarra Highway at Moss Vale was being incorrectly advertised as having development potential despite both the current property zoning and Council’s Local Housing Strategy not allowing for further residential subdivision.
“Contrary to reports in some sections of the media, Council can confirm that the property is not included in the adopted Local Housing Strategy and does not have residential subdivision potential,” she said.
Ms Miscamble said that such land was not, and should not, be described in advertising as Englobo land, or be represented as being capable of being developed into smaller parcels of land.
“In the case of the property on the Illawarra Highway, there are no current provisions to allow subdivision of the property beyond its existing RU2 Rural Landscape Zoning conditions,” she said.
Ms Miscamble said Council had sought legal advice and requested that prior to the sale of the land located on the Illawarra Highway, the selling agent amend the advertisement.
“Council has asked that any reference to, or implication that the property is sub-dividable, land bankable or Englobo be removed,” she said
“Words to this effect are misrepresentative and could be misconstrued causing undue concern.”
Council further warned that a property’s location, or a reference in an advertisement to an existing approved residential development, should not be in any way construed as suggesting that a property without an appropriate residential zoning will be available for future residential subdivision.
