Phillip Drive Development, South West Rocks

Kempsey Shire Council

Lot 2 DP1091323

A significant number of community members have raised concerns with Kempsey Shire Council regarding the recent activity at the development in South West Rocks at Phillip Drive, South West Rocks (Lot 2 DP1091323).

A development consent for a tourist resort development on this site was lodged with Kempsey Shire Council in 1991 and approved in 1993.

All development consents are issued with a lapsing period, usually 5 years. This means that the consent lapses unless the developers physically commence work on the approved development.

A developer is now seeking to act upon the consent issued in 1993. Late last year they submitted an application for a Construction Certificate.

Council did not issue a Construction Certificate as the developer had not adequately demonstrated that they had substantially commenced work and as such it was possible the original consent had lapsed.

In December the proponent filed an appeal against the deemed refusal of the Construction Certificate in the Land & Environment Court.

This matter was heard before the Court in late December. Council is awaiting the decision from the Court or further advice from the Commissioner with regard to these proceedings.

No other development application or modification to the existing consent has been lodged with Council, so there is currently no proposal under assessment by Council.

Council is aware of fencing and signage works that have been erected at the Phillip Drive site. These works appear have been undertaken without consent, and accordingly Council has issued Notices of Intention to serve Development Control Orders to resolve these matters.

Vegetation clearing and slashing has also been undertaken on site. Council has inspected this and determined that it predominantly constitutes maintenance work.

Council will continue to monitor the development and will publish the outcome of the Court appeal once it is known.

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