Cumbalum residents waiting years for a local shopping centre may face another delay, with a court battle looming over a disputed $1.16 million road contribution.

The St Francis Xavier Catholic Parish, which is developing the planned supermarket and retail precinct, has confirmed it will appeal to the Land and Environment Court.

The parish says it is challenging the reasonableness of road contributions levied by Ballina Shire Council on the development.

Appeal papers are expected to be served on council shortly.

The dispute centres on infrastructure charges tied to the proposed shopping centre at the corner of Ballina Heights Drive and Power Drive.

When completed, the development is expected to include a supermarket and 11 speciality shops.

Despite the legal challenge, the parish says it is continuing work to progress the project.

Architects have assembled a specialist team to support the next stage of development and the first construction-related applications have already been submitted to council.

If the dispute over road contributions can be resolved through conciliation, construction could begin later this year.

However, the appeal creates fresh uncertainty for residents who have been waiting years for basic services in the rapidly growing suburb.

Long wait for local shops

The shopping centre proposal has already been through a lengthy planning process.

The first development application was lodged in 2023 and was followed by multiple requests for additional information before consent was granted.

Council approved the project’s second development application on November 27, 2025, allowing the parish to begin preparing construction certificate drawings.

Town planning consultant Steve Connelly, speaking at a council meeting last year on behalf of the parish, said the developer had decided to proceed with design work despite concerns about the contribution levy.

“Despite being uneasy about the contributions, the parish decided to instruct its architects and engineers to begin preparing construction certificates,” he told councillors.

“They are proceeding.”

Another court fight for council

The new case comes as Ballina Shire Council is still awaiting the financial fallout from another Land and Environment Court defeat.

In February the court overturned council’s refusal of the GemLife seniors living development at West Ballina.

Commissioner J Gray criticised Ballina Shire Council’s case against the development, describing it as a “scattergun” approach.   The judge ruled the development should be approved subject to conditions.

A report to council’s February meeting revealed the legal fight had already cost ratepayers $808,000, well above the original $500,000 budget.

The case returns to court today for final orders to be made.

That hearing could determine the full financial impact, including whether council will also be required to pay the developer’s legal costs.

If that occurs, the total bill for ratepayers could climb significantly.