Rise Developments appeals Land & Environment Court decision

Kempsey Shire Council

Lot 2 DP1091323 Rise Projects

In an unusual overlap, one area of land in South West Rocks is currently subject to both legal action and a separate development application.

Rise Developments (Phillip Drive) is appealing the decision of the Commissioner from the Land & Environment Court regarding their Phillip Drive site in South West Rocks (Lot 2 DP1091323).

On Monday 4 April, Rise Developments also submitted a new development proposal for the site to Kempsey Shire Council through the NSW Planning Portal.

The development proposal is currently being vetted by Council Officers to ensure it is properly made. If that is the case and once the lodgment fees are paid it will become an active Development Application.

The submitted proposal is for a new residential development over the same site for which a tourist development consent was issued in 1993.

Kempsey Shire Council General Manager, Craig Milburn, said Council would approach both matters with objectivity and due process, including community engagement.

“Unconventionally we will be assessing the DA while simultaneously opposing them in Court”, said Mr Milburn.

“The process for assessing development applications is transparent and objective. This will include the opportunity for community input and we would welcome any and all submissions.”

In December 2021 the developers appealed a deemed refusal; by Kempsey Shire Council to the Commissioner over a Construction Certificate for works relating to a tourist development consent from 1993.

Council’s Officers maintained there was insufficient information relating to the originating tourist development consent to demonstrate that it had not lapsed within the 5-year currency period for the approval.

This position was ultimately upheld by the Court in February 2022 but is now subject to a fresh appeal.

Council will process the development application once it is active and will publish updates regarding the legal action as developments occur.

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