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| CURRENT PROJECTS: Vantage-At-Evans Ingles.com.au Retrieved 29.10.23 Click on image to enlarge |
On 18 September 2023 in Goldcoral Pty Ltd v Richmond Valley Council [2023] NSWLEC 1540, the Court ordered:
(1) The application for leave to amend the development application is refused; and
(2) The Notice of Motion is dismissed.
Apparently refusal was on the basis that the scale of proposed amendments tipped the development application into being a proposed new application for changed use of the land rather than an amended version of an existing DA.
However, when reading a media report mentioning the Land & Environment Court conference of 25 October, there is a suspicion that the Gold Coast developer may be attempting to slide some or all parts of the rejected amendment back into the existing development application.
The Echo, 27 October 2023:
The sensitive site of the controversial planned Iron Gates development. Photo Supplied
The development application (DA) for the Iron Gates housing development outside Evans Head has been refused by the Northern Rivers Planning Panel (NRPP) and in a review by the Land and Environment Court (L&EC) the Registrar said it looked like a new DA compared to the one submitted nine years ago.
Yet the developers are continuing to pursue the multiply-amended version of the 2014 DA even though many of the latest amendments have not seen public scrutiny. At the Case Management Conference of the L&EC on Wednesday, 25 October the second respondent in the case (Simone Barker) pushed for the case to be dismissed altogether, but this request was rejected by the Court. Instead the case was rescheduled for hearing to the dates 3rd to the 14th of June 2024. The Hearing scheduled for this Friday was vacated with the Applicant to pay the costs of Richmond Valley Council and Simone Barker.
Developer Graeme Ingles.
Photo inglesgroup.com.au
From Goldcoral to who?
It was Graeme Ingles of Goldcoral Pty Ltd who took the DA to the L&EC for review following its rejection by the NRPP in September 2022. Goldcoral Pty Ltd was then put into ‘administration’ and a new firm of lawyers, Corrs Chambers Westgarth took over legal proceedings in the L&EC on behalf of new clients. Those clients are thought to be ‘the money’ behind the Ingles development.
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Simone Barker (nee Wilson), daughter of the late Lawrence Wilson who opposed the development back in the 1990s accompanied by supporter Jaydn.
Public scrutiny
At Wednesday’s L&EC conference the lack of public scrutiny of the latest range of changes was raised by the solicitor acting for Richmond Valley Council (RVC) who pointed out that residents should have the opportunity to be heard. It appears that that opportunity is now available at next year’s June hearing…..
Read the full article at:
https://www.echo.net.au/2023/10/iron-gates-how-many-chances-will-the-developers-get/
BACKGROUND
ECHO, 30 March 2023: Is polluting a lake in a national park to support new housing ok?
ECHO, 8 March 2023: Iron Gates developers roll out the big guns at conciliation meeting at Evans Head. Community says ‘NO’
ECHO, 17 February 2023: Evans Head Iron Gates land withdrawn from sale
ECHO, 10 February 2023: Iron Gates development in administration but still taking Council to court
ECHO, 10 February 2023: Iron Gates development in Evans Head land owners go into administration – again
