Court stops development
By PATRIZIA REIMER
AN URGENT court injunction put a stop to work on a 67-lot subdivision at North Angels Beach in East Ballina on Friday.
The injunction is the latest setback for developer Chris Condon, who described the situation as 'disappointing'.
The injunction to stop work was granted just four days after work began, based on allegations the developer breached conditions of consent attached to the latest approval of the development application.
The subdivision has been the subject of much controversy since the original DA was lodged with the NSW Department of Planning in 2004 and is now set for another hearing before the Land and Environment Court in March.
The original development consent was granted by the Planning Department on December 20, 2005, but a challenge in the Land and Environment Court by Aboriginal elders Susan and Douglas Anderson successfully overturned that decision on December 20, 2006.
After addressing deficiencies in the DA it was relodged and granted approval on November 18 last year.
The Department of Environment and Climate Change issued a Section 90 approval for the site on October 3, effectively allowing destruction of Aboriginal middens.
This followed the successful appeal to the original Section 90 approval by Susan and Douglas Anderson last August.
Following the DA's reapproval in November last year and the granting of Section 90 approval in October, Mr Condon believed all obstacles had been cleared and that he could begin preparing the land for development.
To that effect he began clearing work, including the removal of some trees, last Monday .
But an injunction served on Friday has halted work for another two months.
"I'm extremely disappointed action against the development has been taken again," Mr Condon said.
"That's despite a thorough and robust reassessment of the DA by the Department of Planning and the Department of Environment and Climate Change leading to a full approval."
Researcher and advocate for the Indigenous Justice Advocacy Network, Alan Oshlack, has been representing the Andersons. He said he was pleased with the recent outcome.
"When they started work this week we made an application to the Land and Environment Court for an urgent injunction," he said.
"We are alleging that under the conditions of his approval he (Mr Condon) failed to comply with his approval by not having approved vegetation management plans and cultural heritage management plans."
Mr Condon undertook in court on Friday not to carry out any further work until the court hearings on March 11, 12 and 13.