A development application for a controversial project proposed for South West Rocks, known as the Rise Development, has been refused by the Northern Region Planning Panel.
Kempsey Shire Council has welcomed the decision on the six-storey residential and serviced apartment complex and commercial premises proposal, but says the matter is far from finalised with court action looming.
“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 Council Director of Operations and Planning, Michael 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,” he said.
The Panel provided nine reasons for its decision, including the excessive bulk of the proposal, the potential stormwater impact of a 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 did note that the site is suitable for appropriate medium density residential development without causing undue environmental and amenity impacts. It suggested housing concerns and tourism would benefit from a more considered site design better addressing the neighbourhood context in Phillip Drive.
It 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, the Council said in a statement. As such, a formal hearing will be required in the Land and Environment Court in April 2025 if the developer pursues an appeal, it said.
