The ‘section 34 conciliation conference’ was scheduled for 8 March 2024 at a first directions court hearing in August last year, council staff notes in a quarterly report on legal matters to be presented at this week’s ordinary council meeting show.
It is to be the council’s first conciliation conference for the year, with one about a year ago on another matter reportedly terminated and a hearing re-scheduled for 11-12 March 2024.
Next month’s two-day hearing is with a media company wanting to set up a digital advertising display at Ballina Central shopping precinct.
The council is scheduled for another conciliation conference on 30 April with the Alstonville Agricultural Society concerning what the council says is the ‘unlawful erection of stock holding yards’ in the Alstonville Showground.
GemLife continue to fight for right to build on wetlands
March’s conciliation conference with GTH Resorts, operating in the Ballina Shire as GemLife, marks another chapter in what has been a gruelling political and legal saga over the developer’s aspirations.
The land at 550 – 578 River Street, near Burns Point Ferry Road in West Ballina, was found to be ecologically sensitive in a previous NSW Land and Environment Court (L&EC) case.
Nearby residents have expressed concerns about flood risks of any development on the wetlands.
GemLife’s plans in the L&EC case are for ‘148 independent living units for a seniors housing community with associated manager’s residence, community facilities, infrastructure and services’, council staff notes show.
Ballina Shire Councillors delayed debate over whether to rezone the land as a C2 Environmental Conservation Zone for years but eventually agreed to recommend it to the state’s planning department last year.
The department granted approval in late November, around the same time the Northern Region Planning Panel (NRPP) refused a modified development application (DA) from GemLife.
Ratepayers fork out as developers push ‘deemed refusal’
But GemLife is understood to be arguing their ‘deemed refusal’ case based on regulations applicable under a previous zoning.
Deemed refusals can happen when councils take more than forty days to deliver a decision on a development application.
The council has heard in previous meetings legal costs of the cases can start at $500,000 and mount to millions of ratepayer dollars.
A second directions hearing was set for 18 March 2024, this week’s council meeting notes show.
Lennox Head luxury DA legal decision pending
Meanwhile, an L&EC decision is yet to be revealed on another deemed refusal matter concerning development at Lennox Head.
Impact Property Consultancy is the applicant on behalf of developers of ‘The Crest’ luxury coastline estate for DAs 2018/51 and 2020/284.
The developers abandoned a related class 1 appeal in the subdivision matter in December last year, staff notes show.
The commissioner reserved judgment on the two remaining class 2 matters after hearing six days of evidence, ‘predominantly in relation to engineering, hydrological and ecological issues,’ staff notes show.
Don’t we love these types of developers, just keep going to court, resubmitting then it starts all over again like iron gates in Evan’s head. Trying to make it so expensive for councils, hoping they will roll over.we “ trust “ the Ballina independents( not really) to hold fast.
Spot on rod happening everywhere they never give up till they get thier way governments just need to ban building on floodplains simple as that a no fill policy and only building on cleared land