If approved the development would see 340 dwellings erected in a cluster between Dalgety and Jindabyne.

Council’s environmental services committee voted on February 2 to refuse the DA, however they overturned this decision at the February 16 meeting. Mayor John Cahill said he had concerns that litigation in the Land and Environment Court would ensue and Snowy River Shire Council (SRSC) could lose.

“Their case [the developers’] is sound and strong but we can’t be blackmailed,” Cr Cahill said.

“We need to ensure we’re making a decision with due diligence and following the appropriate process,” he said.

Cr Bill Smits objected to further deferral, preferring to amend council’s resolution to include conditions on development.

Director of environmental services Murray Blackburn-Smith said there was risk of “horse trading” the DA and that if councillors negotiated with developers it would fraught with danger.

Cr Shumack said there was a strict process for determining DAs and requested shire staff remind councillors of their duties. He said a one-hour workshop before the next environmental services committee meeting would allow councillors to “err on the side of caution” and speak freely on the matter.

Cr Smits said the time had come to make a decision however if this were not to occur, he wished to state his case for an amended resolution. His motion for an amended resolution was not seconded and he was requested not to elaborate on his concerns.

“Since this is the first time I’ve been cut short and gagged I won’t even bother to vote against it,” Cr Smits said.

With his concurrence Cr Smits’ vote was recorded against, as councillors cannot abstain from DA votes.

Cr Cahill agreed it was time to decide but said: “if we made the decision today we’d probably make the wrong one”.