The 6.3ha of vacant land at 1 Seabreeze Boulevard, Pottsville which is earmarked in the Tweed Development Control Plan 2008 (DCP 2008) as a potential school site has once again been saved from being developed as housing.
The developers Newland Developers Pty Ltd have had two previous development applications refused for DAs for residential developments at the site in 2017 and 2020. The Land and Environments Court (L&EC) once again dismissed the deemed refusal on 31 March, this time for a seniors housing development.
The developers had taken the Tweed Shire Council (TSC) to the L&EC on appeal for their proposed 93 lots for seniors housing as part of a community title subdivision making this the third time TSC had to defend the site for a future school.
Flooding a key issue
A second matter heard by the LEC, to carry out water and sewer supply works on the property, was approved by the Court, subject to certain conditions.
In its ruling on the current Concept DA, the primary finding of the L&EC was that the Concept DA failed to adequately address provisions for emergency response in situations such as flooding.
Mayor of Tweed Shire Chris Cherry (pictured) said this was a good outcome for the Pottsville community who have long lobbied for a high school in the coastal village.
‘We welcome the judgement in the LEC on this issue,’ Cr Cherry said.
‘Council has long been trying to ensure that a high school site for the Pottsville community is secured. In the end, the question of needing to retain the designated site for future education purposes did not get addressed by the Court as the issue of flooding preceded it.
‘Ensuring flood safety for our Seniors living communities is paramount and the decision found that this Concept DA did not provide the certainty needed for safe occupation of the site by our most vulnerable of residents.
‘This is the third time Council has had to go to the LEC to defend this piece of land, promised for education purposes when the Seabreeze Estate was formed in 2000. Each time Council has won these cases.
‘Council appealed to the NSW Government to rezone the land to infrastructure zoning so these repeated attempts could be avoided and the promise to the community could be honoured but the State Government did not support it.
‘With the recent change in State Government, and the promised support of a Pottsville High School by the new government, it is fantastic that this determination has come in now and kept this land available.’
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