The controversial development in South West Rocks known as the Rise Development has had its Development Application refused by the Northern Region Planning Panel but the matter is far from finalised with court action looming.
Nine reasons were provided for the decision including the excessive bulk of the proposal, the potential stormwater impact of the car park, health concerns due to mosquito habitats, protection of the unique character of South West Rocks and a view that the development is not in the public interest as demonstrated by the significant community objection.
The Panel handed down the decision on Thursday 27 November after meeting 7 days before to determine DA2300926 – PHILLIP DRIVE SOUTH WEST ROCKS 2431 – Staged concept development for residential and serviced apartments x 9 (5-6 storeys) with a mix of commercial premises. This followed a public meeting held to give interested people the opportunity to speak directly to the panel before a decision was made, as well as meetings with key stakeholders including Kempsey Shire Council who had made a submission recommending the DA be refused.
Kempsey Shire Council Director of Operations and Planning, Michael Jackson, welcomed the result as a reflection of community concern, but warned that the matter was far from concluded.
"This is a great result for the residents of South West Rocks, who have made their opposition to this development clear and a validation of the concerns raised by Council in our assessment of this application," said Mr Jackson.
"Unfortunately the developers had already commenced legal proceedings hoping to obtain approval through the courts. We anticipate a hearing in the Land and Environment Court in April next year if an appeal is lodged. Nonetheless this is a very important decision highlighting the numerous issues with the proposed development. The Planning Panel's decision vindicates the recommendation made in our assessment."
The Panel's reasons for the decision included:
- The form, height, bulk and scale of the proposal is considered excessive having regard to the small coastal town environment of South West Rocks and the sensitive ecological context of the site.
- Inadequate information has been provided to enable adequate assessment of the ecological impact of the groundwater impacts of car park excavation and the potential impacts of stormwater discharge.
- Inadequate information to enable adequate assessment of the environmental impacts on the sensitive surrounding Crown Land
- Non-compliance with the Kempsey Development Control Plan 2013 provisions protecting the unique character of South West Rocks compatible development densities, noting that the excessive bulk and scale of the development do not positively align with the adjoining sensitive Crown Land.
- The proposed architectural form and building heights present an unsympathetic response to the character of the locality and the Phillip Drive streetscape.
- No demonstration of an adequate buffer distance from mosquito habitat to prevent or minimise nuisance and health risk.
- Failure to satisfactorily address issues raised by the National Parks and Wildlife Service and the Department of Planning and Environment - Biodiversity & Conservation.
- The proposed development is not in the public interest as it would conflict with the existing and the desired future character of South West Rocks and the community-led strategic planning that seeks to protect its unique character.
- The significant community objection to the proposed development on the above issues as well as visual impact from key locations and traffic and parking concerns.
The Panel did note that the site is suitable for appropriate medium density residential development without causing undue environmental and amenity impacts. They suggested housing concerns and tourism would benefit from a more considered site design better addressing the neighbourhood context in Phillip Drive.
They also commended the proposed provision of 10% of dwellings as Affordable Housing.
The legal action between Rise Projects and Kempsey Shire Council will likely continue after a conciliation conference held in October was unable to agree a way forward. As such a formal hearing will be required in the Land and Environment Court in April 2025 if the developer pursues an appeal.
