
COMMENT: I warned this would happen — and Ballina is paying the price
This is where I step out of straight reporting and speak plainly.
I chose not to seek re-election to Ballina Shire Council in part because of this issue and others where I believed sound administration and due process were being ignored.
After being repeatedly censured for standing up for what I believed was right, I decided it was no longer an organisation I wished to be associated with.
I went quietly at the time.
But now I must speak.
Back in 2023, when council staff rushed through the imposition of a Conservation Zone in an attempt to block proper consideration of the Gem Life development, I warned the strategy would end badly.
I was the only councillor to speak out.
I was pilloried for it.
It gives me little satisfaction to now be proved right.
At a time when so many are sleeping rough in Ballina’s parks and foreshore areas, it’s unforgivable to think that the construction of 110 homes has been delayed for no good reason.
It’s equally unforgivable that a company willing to invest in housing in our shire has been treated like an enemy of the state and been denied fair process.
Local families are struggling to secure rentals.
Older residents are competing with younger workers in the same constrained market.
Sure, over-55s resort-style complexes are not social housing.
But supply is supply.
It frees up family homes and increases overall stock.
When I raised concerns about due process, I was accused by Greens councillor Kiri Dicker of being “in bed with property developers”.
That allegation was false.
The issue was never blind support for development.
It was whether the council’s roadblocks were fair and capable of surviving legal scrutiny.
The Land and Environment Court does not overturn decisions lightly.
When it does, it is usually because the refusal cannot be sustained in law.
This judgment suggests that was the case here.
And the warning signs were already there.
Last year, the council’s own Audit, Risk and Improvement Committee cautioned that significant ratepayer funds were being spent on unnecessary legal disputes.
When your own oversight body flags litigation risk, it is time to reassess.
This case should be compulsory reading for councillors across NSW who are complaining about the Minns Government stripping them of local planning powers.
They argue local democracy is being eroded.
But planning authority is not just a democratic right.
It is a legal responsibility.
If councils want to retain influence, they must demonstrate disciplined, evidence-based decision-making.
They must show their refusals can stand up in court.
The community now deserves clear answers.
How much of the upcoming special rate increase will go toward paying for this losing case?
How much more may follow?
The court has delivered its verdict.
Now council leadership must confront its own.
RELATED: Court Clears GemLife development, rejects flood claims
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One Comment
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Well said Rod. The fact that this significant development costing many many millions of dollars to plan and construct etc in a housing crisis was not approved with open arms defies comprehension. And then to have BSC risk so much of rate payers hard earned money to stop it is again incomprehensible.
Did BSC really think that a major company like Gem life were going to risk $70 plus million dollars and not have done their homework and extensive flood modelling etc not to mention demand for the dwellings.
It would appear that BSC has no problem spending money when it is not their own money. Easy come easy go it would seem, just tap the rate payers for more. ( Oh wait that’s right they just did).
I look forward to all the spin and platitudes that I’am sure will be forth coming from council.
Keep up the good work Rod.