Court clears GemLife development, rejects flood concerns
More than 100 seniors dwellings are now likely to be built at Ballina’s western gateway after the Land and Environment Court overturned Council’s refusal of the revised GemLife housing development.
Importantly, the ruling found that long-running fears that the project would create unacceptable flood impacts could not be substantiated.
In a decision delivered on Friday (February 13), Commissioner J Gray directed that consent be granted subject to conditions.
Mayor Sharon Cadwallader said on Saturday she had not yet been formally briefed on the outcome.
A redesigned project
The approved project differs from the earlier proposal rejected by the Court in 2021 by reducing the scale to avoid ecologically sensitive areas.
Approximately 10 hectares of the 57 hectare site will be built up at the northern edge of the property facing River St.
The remaining 47 hectares at the southern end of the site fronting Burns Point Ferry Road, the Richmond River and Emigrant Creek will be devoted to conservation.
The development is expected to deliver 110 independent living units over five stages.
It was this revised proposal that became the subject of the latest refusal and appeal.
Flood fears tested
Flood risk has dominated community debate since the 2022 floods devastated much of West Ballina, particularly homes along Burns Point Ferry Road overlooking the site.
Council relied on 41 separate grounds for refusing the development.
Those included flood impacts, groundwater issues, biodiversity concerns, bushfire exposure, mosquito impacts and potential odours from surrounding wetlands.
Commissioner Gray rejected those arguments.
The judgment found the alleged impacts did not justify refusal under planning law.
The Court was not satisfied the revised development would result in unacceptable flooding consequences.
The project was found to be permissible and capable of approval with conditions.
How it reached court
After Council failed to determine the revised application within the required timeframe, the proposal went to the Northern Regional Planning Panel, which refused it.
Gem Life parent company GTH Resorts then appealed that decision, with Ballina Shire ratepayers footing the bill for fighting it before the NSW Land and Environment Court.
With the court upholding the appeal, the matter will return to court briefly next month to finalise conditions.
Ratepayer impact
The first round of litigation over the site cost ratepayers more than $600,000.
If costs are awarded in this latest case, Council could face much higher expenses.
The ruling comes as Council is seeking a Special Rate Variation expected to raise about $1.3 million in its first year from residential property owners.
Council has not yet provided a public response to the judgment.
COMMENT: I warned this would happen and Ballina is paying the price
