Ballina council beats rezoning appeal
AN APPEAL against Ballina Shire Council's 2007 rezoning of land to extend the Southern Cross Industrial Estate has been rejected.
The Land and Environment Court of NSW yesterday dismissed the action by Homeworld Ballina Pty Limited.
The developers of the planned Homeworld bulky goods shopping centre south of Ballina claimed the council failed to adequately disclose the rezoning of the land that would allow competing bulky goods outlets.
Justice Sheahan in his judgement rejected the argument by Homeworld and ruled that council's exhibition of the draft LEP complied with the requirements of the Environmental Planning and Assessment Act 1979 and that all material placed on public exhibition was clear, comprehensive and not misleading.
The LEP amendment was upheld, Homeworld's case was dismissed and council was awarded its legal costs.
Council's acting general manager, Rod Willis, said the decision vindicated council's rezoning processes.
Harvey Norman was expected to build a new store on the site and Homeworld, which already had development approval, claimed it could produce an oversupply of showroom space in Ballina.
Homeworld plans to open its showroom on completion of the Ballina bypass.WHAT DO YOU THINK OF BALLINA COUNCIL'S LEP? Phone 6624 3266 or SMS 0428 264 948