The Evans Head Iron Gates development has been objected to by the local community for 40 years and they are asking why the current developers, who are in administration, are getting another go in the Land and Environment Court (L&EC) when the L&EC’s Registrar Froh recently ruled against the case.
Developers: $2.5m on legals?
Registrar Froh ruled that the alterations to the development application (DA) proposed by the developers ‘tipped’ them over into ‘new plans’ which would require a new DA. Yet despite the Froh decision, the case continued into 2024 with the appellant bringing on expensive new expert advice to see if an amended DA could push the development to success. This saw the financials for Goldcoral Pty Ltd period ending 31 January, 2024 show professional and legal fees around two and half million dollars.
It appears that Chief Justice of the L&EC, The Honourable Justice Brian John Preston SC, has now taken control of the case and will be presiding over the final hearings to commence on June 3 on-site at the Iron Gates followed by further hearings at the Ballina Court House and finally Sydney over subsequent days.
The Court ordered a number of ‘joint expert reports’ to resolve various matters such as engineering, ecological, aboriginal and town planning matters with representatives from both sides asked to resolve disputed issues. The community learned today that some of those reports have been completed, some have failed to meet deadlines and others had not yet commenced such as the report regarding aboriginal cultural heritage for the site
The Chief Justice pushed for joint expert reports, pertinent case law and legislative summaries to be completed well before the trial dates in early June and set about negotiating a timetable for them.
The Chief Justice also asked that ‘conditions for consent’ for the development be prepared ‘without prejudice’ by the parties before the hearing in June with implication that residential development at the Iron Gates was about to be given the green light.
The Chief Justice made it clear that the materials were to be assembled in ‘a helpful way’ for the Court. He asked that ‘overlays’ be prepared against the plans for development which showed inter alia land zonings, bushfire zones, flooding, drainage, flora and fauna maps, SEPP 14 Wetlands, areas to be filled, and areas of culture heritage importance to the Aboriginal community such as sites and features of significance with sensitive material perhaps to be ‘shared on a confidential basis’.
The Chief Justice made it clear that the Court wouldn’t be able to make assessment of aboriginal cultural matters if ‘we don’t know’ about them but that ‘we only need to identify those things directly affected by the development’.
Dismissing the community?
Once again the court appears to be asking the local community to provide feedback without providing them with the new material in the case then appeared to dismiss local objectors referring to them as providing ‘lay evidence’ prepared at the ‘kitchen table’.
A spokesperson from Evans Head Residents for Sustainable Development (EHRSD) who audited today’s Sydney hearing on-line said that ‘the public was not privy to the various joint expert reports prepared for the Court making it difficult for the ‘lay’ to prepare anything for the June 3 hearing as it did not have the latest information. This is very much like the Section 34 conciliation hearing last year where we were asked to provide comment yet were refused access to what the court was considering at the time’.
‘As it presently stands we don’t know what has been agreed in the joint expert reports. Some of that agreement appears to be based on new information we have not had any opportunity to review. And we already know that some of the information on which they have been relying is seriously faulty’.
‘The community has been engaged for nearly ten years in the current DA process and spent a great deal of time on the matter because of the unfortunate consequences the development would have for Evans Head. Many of the objectors have professional backgrounds with a broad range of pertinent cognate knowledge and skills which should have been an integral part of the current process.’
The Chief Justice asked that their submissions be ‘reduced to writing’ and provided to the appellant seven days before they were due to address the Court as there ‘may be an answer from the appellant’ ‘if they are going to say something different’ from their prior written submissions.
Setting it up for approval
‘It would appear that the die was cast for the current appeal to be successful because the land was zoned 40 years ago for residential development. While council is the first respondent to the appeal, it has consistently refused public requests to consider rezoning of the land from Zombie ‘residential’ status to a more appropriate “conservation” zoning following development refusal by the Courts in the 1990’s’. The problem was not helped by the forced amalgamation of Casino with the former Richmond River Shire Council in 2000,’ the spokesperson for EHRSD.
‘It is starting to look as if residential development will be approved notwithstanding major flood and fire risk, geographic isolation and unresolved remediation orders from 1997’.
‘So, fasten your seat belts Evans Head for big home insurance rises, more competition for important community services already under duress, and continuation of the pollution of the lake in Broadwater National Park, already the receiver for treated sewerage effluent and closed for public recreation as a result’.
Public voice needed
Locals who have been working on the Iron Gates case for up to 40 years have said they need people to get on board and join them on June 3 to highlight to the Chief Justice how important this issue is to the local community. To get in touch find Evans Head Residents for Sustainable Development on social media platforms.
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