Court rules on Rise Projects, South West Rocks site

Kempsey Shire Council

Lot 2 DP1091323 Rise Projects

Council has been notified that the Land and Environment Court has issued the following orders in relation to the appeal by the developers of the Rise Projects site on Phillip Drive South West Rocks:

  1. The appeal is dismissed
  2. The Construction Certificate Application to undertake site clearing works is refused

The developer lodged a development consent for a tourist resort on this site (Lot 2 DP1091323) with Kempsey Shire Council in 1991. It was approved in 1993.

In late 2021 the developer submitted an application to Council for a construction certificate to commence works on the site.

Council did not issue a Construction Certificate on the basis that the developer did not adequately demonstrate they had substantially commenced work within the required five year timeframe of the 1993 development consent approval, as explained here.

The developer filed an appeal against this deemed refusal in the Land and Environment Court and the case was heard in December last year.

The Land and Environment Court ruling, published on 1 March, found in Council’s favour, declaring that the consent had lapsed and the application for a construction certificate be refused.

No other development application or modification to the existing consent has been lodged with Council. As such there is no proposal for further development of this site under consideration by Council.

/Public Release. This material from the originating organization/author(s) may be of a point-in-time nature, edited for clarity, style and length. The views and opinions expressed are those of the author(s).View in full here.