Today, the NSW Land and Environment Court dismissed an appeal seeking to overturn the NSW Planning Panel's refusal of the proposed Rise Project's development Stages 2 and 3 in South West Rocks.
On Thursday, Commissioner Washington delivered her decision, ordering that:
- The appeal is dismissed
- Development Application DA2300926 is determined by way of refusal.
In her findings, Commissioner Washington concluded that the proposed Rise concept application failed to meet key jurisdictional (legal) requirements relating to stormwater and groundwater management, particularly regarding potential impacts on the adjacent wetland. As a result of these key requirements not being met, the Court was unable to consider an approval and the appeal was dismissed.
Kempsey Shire Council Chief Executive Officer, Andrew Meddle, welcomed the outcome.
"This has been a complex and challenging process, and I want to acknowledge the expertise, professionalism and effort of Council staff and our legal team. We are pleased with the outcome and proud of the work that has brought us to this point," Mr Meddle said.
"This decision will be welcomed by many in the South West Rocks community who have voiced strong concerns about the environmental and planning implications of the Rise proposal."
"I do note the developer retains the right to appeal this decision and ultimately, Council remains committed to working constructively with both the developer and local residents. Our goal is to ensure that future development outcomes respect the values and aspirations of the South West Rocks community."
Works on the Rise development commenced in early 2024 under an earlier approval granted in 1993, commonly referred to as a "zombie DA" (DA2200404), which remains legally valid despite being approved under outdated planning controls. These works form Stage One of the project, while the refused DA sought to implement Stages Two and Three.
Council will continue advocating for planning reforms that address legacy approvals to ensure future development aligns with contemporary standards and community expectations.
