The NSW Land and Environment Court has dismissed an appeal seeking to overturn the NSW Planning Panel’s refusal of the proposed Rise Project stages 2 and 3 in South West Rocks.
On Thursday, Commissioner Washington handed down her decision, ordering that the appeal be dismissed and Development Application DA2300926 be determined by way of refusal.
In her findings, Commissioner Washington concluded that the proposed Rise concept application failed to meet key jurisdictional and legal requirements relating to stormwater and groundwater management, particularly concerning potential impacts on the adjacent wetland. As a result, the Court was unable to consider approval and dismissed the appeal.
Kempsey Shire Council Chief Executive Officer Andrew Meddle said the decision marked the conclusion of a complex and challenging process. “This has been a complex and challenging process, and I want to acknowledge the expertise, professionalism and effort of Council staff and our legal team. We are pleased with the outcome and proud of the work that has brought us to this point,” Mr Meddle said.
“This decision will be welcomed by many in the South West Rocks community who have voiced strong concerns about the environmental and planning implications of the Rise proposal,” he said.
Mr Meddle noted the developer retains the right to appeal the ruling. “Council remains committed to working constructively with both the developer and local residents. Our goal is to ensure that future development outcomes respect the values and aspirations of the South West Rocks community.”
Works on the Rise development began in early 2024 under an earlier approval granted in 1993 (commonly referred to as a “zombie DA” – DA2200404), which remains legally valid despite being approved under outdated planning controls. These works form Stage One of the project, while the refused application sought to implement Stages Two and Three.
Council said it would continue advocating for planning reforms to address legacy approvals so that future development aligns with contemporary environmental standards and community expectations.
More information on the Court’s decision can be found at Rise South West Rocks Pty Ltd v Kempsey Shire Council – NSW Caselaw.
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