FRESH LE­GAL FIGHT OVER $45M ES­TATE

North Lis­more de­vel­op­ment faces fur­ther chal­lenge

The Northern Star - - FRONT PAGE - ALI­SON PATER­SON ali­son.pater­[email protected]­ern­star.com.au

THE long-awaited $45 mil­lion North Lis­more Plateau de­vel­op­ment is fac­ing an­other set­back, af­ter op­po­nents is­sued sum­mons to the de­vel­oper, the plan­ning author­ity and Lis­more City Coun­cil.

Chair­man of the Bund­jalung El­ders Coun­cil and the North Lis­more Plateau Pro­tec­tion As­so­ci­a­tion, Mickey Ryan, has com­menced le­gal pro­ceed­ings to in­val­i­date the de­vel­op­ment con­sent for the first stage of the 433lot project.

Mr Ryan has al­ready is­sued a sum­mons on the de­vel­oper, Win­ten Prop­erty Group, and the Joint Re­gional Plan­ning Panel.

He served the sum­mons on Lis­more City Coun­cil, ac­com­pa­nied by his lawyer Al Osh­lack, on Mon­day morn­ing.

Mr Osh­lack said the sum­mons sought an in­junc­tion of all work that re­lied on the con­sent and le­gal costs.

“We be­lieve our le­gal grounds are very strong,” he said.

Mr Osh­lack said the coun­cil “ran roughshod” over any op­po­si­tion to the de­vel­op­ment.

“When we told them they’d breached all the plan­ning guide­lines and reg­u­la­tions re­gard­ing cul­tural her­itage and threat­ened species they said they didn’t care,” he said.

“They have brought this on them­selves.”

Mr Ryan said he felt “pretty confi-

dent” about stop­ping the project, which he said would be three or four times big­ger than the pro­posed West By­ron de­vel­op­ment.

In Oc­to­ber 2018, the Joint Re­gional Plan­ning Panel con­di­tion­ally ap­proved Win­ten Prop­erty Group’s pro­posal for the new es­tate off Sex­ton Rd, North Lis­more.

The coun­cil would need to bor­row $32 mil­lion to build the sup­port­ing in­fra­struc­ture for the project.

“No other de­vel­op­ment on the North Coast gets this kind of gold-plated sub­sidy,” Mr Osh­lack said.

“Coun­cil is cry­ing poor ... so this is a real mat­ter of pub­lic in­ter­est.”

The coun­cil’s act­ing ex­ec­u­tive di­rec­tor of sus­tain­able de­vel­op­ment, Peter Jeuken, said the mat­ter had been re­ferred to their lawyer.

“Coun­cil has re­ceived for­mal no­tice of an ap­peal to the Land & En­vi­ron­ment Court against the North­ern Re­gional Plan­ning Panel’s de­ter­mi­na­tion for a North Lis­more Plateau de­vel­op­ment ap­pli­ca­tion, which was ap­proved in Oc­to­ber 2018,” he said.

“There are 11 grounds stated for the ap­peal re­lat­ing to the ad­e­quacy of en­vi­ron­men­tal and cul­tural as­sess­ments.

“The mat­ter has now been re­ferred to coun­cil’s so­lic­i­tor.”

Plans to de­velop the plateau for hous­ing go back more than 20 years.

The Win­ten Prop­erty Group have been ap­proached for com­ment.

Newspapers in English

Newspapers from Australia

© PressReader. All rights reserved.