A long running court case involving the developers of the North Lismore Plateau and Lismore City Council was handed down today.
The orders around Mackycorp Pty Ltd v Lismore City Council [2026] (NSWLEC 1036) are available at the Land & Environment Court’s website: https://www.caselaw.nsw.gov.au/decision/19c06768de336fdc981f109e.
Al Oshlack, representing traditional owner and custodian of the North Lismore Plateau, Mickey Ryan, relayed the outcome through his lawyer:
‘Judgment was handed down this morning by Senior Deputy Registrar D Holm, who made the following orders:
- ‘The appeal is dismissed.
- ‘Development application DA5.2021.221.1 for land subdivision and associated development on 18 parcels in the Dunoon Road environs within the locality of North Lismore is refused consent.
- ‘The exhibits are returned with the exception of Exhibits A, 3 and 2R2, which are retained’.
Oshlack previously told The Echo while Lismore Council is the respondent, the case includes the consent authority, the North Coast Planning Panel.
Al says the site could contain 100,000s of Indigenous artefacts.
‘Mr Ryan was a lead applicant on the Widjabal/Wiyabal Native Title claim and over the last 15 years has been consulted over the many iterations and proposals concerning the Plateau’.
As previously reported, Al says, ‘It’s the single biggest development in the area, with 742 lots proposed, plus super lots, so it could end up being 1,300 or even 1,400’.
In 2020, The Echo reported The Land and Environment Court ruled that approval of the development application to create over 400 residential lots on the North Lismore Plateau, is invalid.
Mr Ryan told The Echo at the time that successive attempts by local Aboriginal people to establish the importance of the land to their culture have been rebuffed during the approvals process, adding that Council is ‘not listening’ to their views on the project.
‘There was no consultation whatsoever,’ he said. ‘They’ve never listened to any of the Elders here’.
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