The Northern Rivers Times Newspaper Edition 224

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Council decides not to appeal Iron Gates ruling

At its first ordinary meeting of the new term, Richmond Valley Council has formally decided not to proceed with an appeal against the NSW Land and Environment Court’s ruling on the Iron Gates subdivision proposal at Evans Head. The original ruling, made on 31 July, favoured Goldcoral Pty Ltd, granting approval for the contentious development.

The prior Council had lodged a Notice of Intention to Appeal to preserve the right to challenge the court’s decision. This measure was taken to allow the newly elected councillors an opportunity to thoroughly review the legal advice and consider whether an appeal would be warranted.

General Manager Vaughan Macdonald

General Manager Vaughan Macdonald explained that, following detailed deliberation and expert legal advice, the Council determined that pursuing an appeal would not serve the best interests of the community nor be a responsible use of resources.

“Independent legal advice from Senior Counsel Jason Lazarus concluded that an appeal would not have reasonable prospects of success under s57(1) of the Land and Environment Court Act 1979,” Mr. Macdonald said. “The only grounds for appeal would involve errors of law under the Act, and even if the appeal were successful, it would not necessarily prevent future development on the site.”

Mr. Macdonald expressed the Council’s disappointment with the court’s decision but emphasized that the focus should now shift to ensuring that any future development aligns with the community’s long-term vision and needs.

“Council believes that our resources are better spent working towards ensuring the development is carried out in a way that reflects our community’s goals, rather than engaging in an appeal that could still result in development on the site,” he said.

With the decision not to appeal, the Council will now focus on engaging with the developer and relevant stakeholders to ensure that the project is executed responsibly. This includes enforcing compliance with environmental regulations, ensuring alignment with infrastructure plans, and integrating community feedback throughout the process.

Mr. Macdonald also mentioned that Council is exploring the possibility of levying charges on future residents to cover the additional maintenance costs that may arise as a result of the development.

“We are committed to advocating for the best outcomes for all residents,” Mr. Macdonald added. “This includes maintaining open communication with the developer and addressing community concerns as the project progresses.”

The Council’s decision not to appeal reflects a pragmatic approach to balancing legal realities with the broader goal of managing development in a way that serves the interests of the Richmond Valley community.

Temporary Road Closures This Thursday and Friday – Byron St and Ross St, Lennox Head

Ballina Shire Council advises of temporary road closures in Lennox Head for essential roadworks this week.

• Thursday, 24 October: Byron St will be closed between Gibbon St and Park Lane from 9am to 3pm for heavy patching and asphalt overlay repairs. Work will begin at 7am, with detours via Lennox Street and Pacific Parade during the closure.
• Friday, 25 October: Ross Street will be closed from 7am to midday for similar repair works.

Traffic control will be in place at both locations, and motorists and pedestrians are asked to follow all safety signs and directions. Local residents will be assisted with access during the closures.

For live traffic updates and scheduled works, visit www.livetraffic.com.au.