The NSW Land and Environment Court has dismissed a deemed refusal appeal over a plan to develop 93 lots for senior housing on land earmarked for a potential new high school at Pottsville, a town in the Tweed Shire, 793km north of Sydney’s CBD.
The 2022 plan is the third time that Newland Developers Pty Ltd has sought to develop the 6.3ha of land. The first two unsuccessful proposals were for residential developments (2017 and 2020).
The primary reason for the NSW Land and Environment Court to reject the appeal was that the Concept DA failed to adequately address provisions for emergency response in situations such as flooding.
“Ensuring flood safety for our seniors living communities is paramount and the decision found that this Concept DA did not provide the certainty needed for safe occupation of the site by our most vulnerable of residents,” said Tweed Shire Mayor Chris Cherry (pictured).
“This is the third time Council has had to go to the LEC to defend this piece of land, promised for education purposes when the Seabreeze Estate was formed in 2000. Each time, Council has won these cases.”
