Congarinni North Pty Ltd's appeal to the NSW Land & Environment Court to build 233 independent living units with recreational facilities, residential and visitor car parking on a 57.3ha site at Congarinni North, 1km northwest of Macksville, in the NSW Mid North Coast, has been dismissed.
Nambucca Valley Council rejected the development application due to risks of flooding and the fact the applicant could not demonstrate how the occupants can be safely and efficiently evacuated in the event of a flood.
The land is separated from the nearest residentially zoned land by a road and a waterway known as Taylors Arm, flowing south from the Nambucca River.
The development application, which was lodged on 23 February 2021, showed the 233 independent living units and community facilities located on the higher part of the site above the probable maximum flood level.
However, the council in its rejection stated that placing up to 400 people in this situation is contrary to normal floodplain management practice. The NSW State Emergency Service rejected amended plans.
The NSW Land & Environment Court held conciliation talks between the council and applicant which failed to reach a satisfactory resolution and dismissed the appeal.
Read the court's ruling here.
