Professional environmental and town planning specialists have backed a decision to refuse a controversial development at South West Rocks, while warning the war is not over.
Subscribe now for unlimited access.
or signup to continue reading
On November 29, the Northern Regional Planning Panel (NRRP)announced its decision to refuse the concept development application for nine five-to-six storey buildings at the Phillip Drive development site.
The panel refused Rise Projects' application for a number of reasons, including environmental impact concerns.
Currently working as Specialist Wetlands Scientist and Environmental Impact Assessor, Richard Phillips, has applauded the refusal.
"The panel's decision sets a powerful precedent, affirming that developments must respect local values, environmental sustainability, and the principles of thoughtful urban planning," he said.
Mr Phillips says the decision will reinforces protections for other unique coastal towns across New South Wales.
"It demonstrates that communities have a voice in shaping their futures and that unsympathetic developments - which threaten environmental, ecological and cultural heritage - will not be imposed without scrutiny," he said.
"By upholding the principles of sustainable planning, the panel has taken a vital step toward ensuring that our state's cherished coastal environments remain preserved for generations to come."
Ecologist Will Steggall also supports the planning panel's decision to refuse stage two of the development known as The Rocks.
"They have weighed up the evidence and have come to the conclusion that this development could have detrimental impacts on the adjoining sensitive areas which include National Park, coastal wetlands and threatened species habitat," Mr Steggall said.
"The developer and their consultants have repeatedly stated that the Rise Project would not result in significant adverse impacts to the environment without providing sufficient evidence and studies to back up their statements. This was noted by the planning panel in their determination."
Mr Steggall says the decision makes it clear that the proposed type and scale of this development was inappropriate for the site.
While resident and former town planner and environmentalist, Mark Byrne, joins in the relief of the refusal, he warns the war has not been won.
"The planning panel's unanimous refusal to allow the gross overdevelopment of this sensitive site is welcome news," Mr Byrne said.
"However, it's not all over yet. The developer still has litigation pending in the Land and Environment Court (LEC) which should be voided by the panel's decision.
"We call on [Rise Projects] not to appeal [the] decision but rather to work with the community and Kempsey Shire Council to agree on a more sympathetic and environmentally sustainable solution for the remainder of this site."
Mr Byrne is concerned about the cost an appeal would have on council and the community.
"The South West Rocks community does not have deep pockets for lawyers, but we do have each other's near-unanimous support on this matter and the support of Kempsey Council," he said.
"If the developer yet again chooses litigation over consultation and cooperation, to paraphrase Churchill, we shall fight on the beaches, we shall fight in the courts, we shall never surrender."
Kempsey Shire Council Deputy Mayor, Julie Coburn, believes the decision by the planning panel aligns with council's recommendation to refuse the development concept application.
"The decision handed down by the NRPP [on November 29] aligns with Kempsey Shire Council's decision on this development as well as the community's overwhelming feedback.," Ms Coburn said.
"The fact that Rise [Projects] has not addressed the requirements stated in the Local Environmental Plan, Development Control Plan, South West Rocks Structure Plan and a number of other relevant government agencies plans also supports the public sentiments against the sheer size and scope of this development.
"Thanks should be given to both council and the local residents who have stood firm in their opposition to keep this beautiful town and its natural coastal environment within its low-key capacity.
"I sincerely hope that Rise will take this on board and create a development that we can all live with."
Kempsey Council has previously stated it anticipates legal action after a conciliation conference held in October 2024 was unsuccessful in council and the developer agreeing on a way forward.
If the developer pursues an appeal, a formal hearing will be required in the Land and Environment Court in April 2025.
