At its first ordinary meeting of the new term, Richmond Valley Council has voted to not pursue an appeal regarding the recent court ruling on the Iron Gates subdivision proposal.
The previous Council reserved its appeal rights by lodging a Notice of Intention to Appeal the judgement made by the NSW Land and Environment Court on Wednesday 31 July in favour of Goldcoral Pty Ltd’s Iron Gates development at Evans Head so incoming elected councillors could consider the matter in full.
General Manager Vaughan Macdonald said after careful deliberation and consideration of the expert legal advice provided, the Council decided an appeal would not be in the best interests of the community, or a prudent use of resources.
Mr Macdonald said the independent legal advice from Senior Counsel Jason Lazarus determined an appeal would not enjoy reasonable prospects of success under s57(1) of the Land and Environment Court Act 1979.
He said being made aware of the limited appeal options which could only relate to errors of law under the Act, and noting a successful appeal would not preclude future development from occurring on the site, the Council resolved to not appeal the judgement.
Council disappointed
‘While the Council is disappointed with the outcome, it has acknowledge the Land and Environment Court’s ruling on the merits of the development application and has chosen not to pursue an appeal,’ Mr Macdonald said.
‘Council believes our resources are better directed towards ensuring the development aligns with our community’s long-term vision and future needs than appealing a development which could still proceed even if the appeal was successful.’
Mr Macdonald said with the decision not to appeal, Richmond Valley Council would now focus on working with the developer and relevant stakeholders to ensure the development was carried out responsibly.
He said this included ensuring compliance with environmental protections, infrastructure plans and community feedback, along with investigating options to levy charges on future residents to cover additional maintenance costs Council may incur.
‘We remain committed to advocating for the best possible outcomes for all of our residents,’ Mr Macdonald said.
‘This means keeping an open dialogue with the developer and ensuring the concerns of our community are addressed if and/or when as the project moves forward.’
Community response
Dr Richard Gates, on behalf Evans Head Residents for Sustainable Development, told The Echo, ‘Naturally we are disappointed in the decision of Council as in our view there are appropriate legal grounds for pursuit of a case in the Court of Appeal raised by the community notwithstanding “independent” legal advice obtained by Council.’
More to follow.
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