The appeal over the refusal of the Iron Gates development application (DA) at Evans Head that was refused by the Northern Regional Planning Panel (NRPP), is being heard today by the Land & Environment Court (L&EC). It has now been made open to the public.
‘Evans Head Residents for Sustainable Development Inc. (EHRSDI), has received confirmation from the Land & Environment Court that the Iron Gates Case Goldcoral Pty Ltd versus Richmond Valley Council will be livestreamed today Friday June 16 at 1.30pm,; said a spokesperson for EHRSDI.
‘The confirmation follows widespread public concern that the Hearing would be held behind closed doors out of the public view and follows extensive lobbying to have the matter made available to the public.’
Link here
For those interested in following the case here are the details for access to the livestream:
Observers use link: https://avl.justice.nsw.gov.au/invited.sf?id=10197415&secret=4NOh89beTrVpJZKl1dB2qw
OR
Observers can dial 02 9765 5580 and enter Meeting ID 10197415
Please be aware that there may be a delay in the livestream time at which the matter is heard because of flow-on effects from other cases.
Listen in
A spokesperson for EHRSDI said told The Echo that it was important for those who are interested in the case to listen to the livestream as it should provide information about whether or not the L&EC will accept or reject an application from the Appellant (the developer) for an amended development application.
The spokesperson also encouraged the public to listen in to demonstrate the public interest in the case as apparently the L&EC monitors numbers who dial in.
Rejected DA
The Iron Gates DA from Goldcoral Pty Ltd was roundly rejected by the Northern Regional Planning Panel last year but despite that the developer lodged an appeal against the decision in the L&EC. Since that application was lodged Goldcoral Pty Ltd was put into Administration and the case taken over by the legal firm Corrs Chambers Westgarth.
A Section 34 Conciliation Hearing held at Evans Head at the Iron Gates earlier this year apparently failed and the matter has moved to the L&EC for a Hearing. The public were excluded from parts of that hearing.
‘This particular development application had been running for almost nine years with five separate amended applications going out for public comment,’ the spokesperson told The Echo.
‘It is our view that yet another amended application should not be accepted by the L&EC given the fact that Goldcoral has had such a long time to get its act together. It is time for the Court to put its foot down and tell the developer that if there is to be an application it should be a new application subject to public scrutiny, but it is out preference that no further DA’s should be accepted for this site and that the land should be rezoned to a more appropriate zoning in keeping with its status as a high conservation area subject to flooding and high bushfire risk which would put people in harm’s way.’
At today’s Hearing about the Iron Gates in the Land & Environment Court in Sydney, the Court Registrar postponed the Hearing about an amended application for residential development until the 18th of July. The appellant had not delivered the documentation for the amended application until last Tuesday, June 13, leaving insufficient time for those involved in the case to review the material and make a decision about whether an amended application would be acceptable. From the discussion which ensued it would appear that there is some concern that because there were so many changes to the application it looked like a new application rather than an amended one, and so therefore it might not be accepted for consideration by the LEC.
The community has been writing to Richmond Valley Council asking it to not agreed to an amended application particularly given the overwhelming opposition to the development from the public and two independent assessments which recommended refusal. It is widely held view in the community that there should be no residential development at the Iron Gates and that it should be rezoned for more appropriate uses consistent with its environmental status and to avoid the risk of people being put in harm’s way through flood and fire.