More than two years after the NSW Land and Environment Court approved the controversial Iron Gates development at Evans Head, opponents are again questioning one of the project’s most unusual conditions – a community-run refuge intended to shelter residents during floods and bushfires.
The long-running development, approved in July 2024 after the court overturned the Northern Regional Planning Panel’s refusal, allows stage one of the project to proceed with 121 residential lots and a community building designed to act as a refuge during natural disasters.
In a new statement, Evans Head Residents for Sustainable Development argues the court-imposed ‘Shelter-in-Place’ raises unresolved legal, practical and safety questions.
Group spokesperson Dr Richard Gates said responsibility for managing the shelter would ultimately fall to residents, despite the complex demands of responding to major emergencies.
‘As it presently stands, the court decision to mandate a Shelter-in-Place against public policy and without clear evidence to support its psychological safety and efficacy seems to us to be problematic,’ Dr Gates said.
He questioned whether future residents could realistically manage a disaster while coordinating with emergency services, and whether the arrangement could expose owners to future legal and insurance risks if the shelter failed during a major flood or bushfire.
The Iron Gates proposal has divided the Evans Head community for decades, with opponents citing environmental, cultural heritage and natural hazard concerns. The Northern Regional Planning Panel rejected the development in 2022, but the Land and Environment Court approved a scaled-back proposal two years later after an appeal by developer Goldcoral Pty Ltd.
Richmond Valley Council ultimately decided not to appeal the court’s ruling after receiving legal advice that an appeal had limited prospects of success.
Dr Gates said the Shelter-in-Place condition deserved further public scrutiny, arguing questions remained about governance, liability and insurability as extreme weather events become more frequent.
‘This is a major public planning policy issue,’ he said.
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