Court sinks Seabreeze subdivision at Pottsville school site


TWEED SHIRE Council says the NSW Land and Environment Court has dismissed an appeal by a developer seeking approval for a 65-lot residential subdivision at the Seabreeze Estate at Pottsville, which is earmarked for a future school site.

Newland Developers Pty Ltd lodged a development application with Council on June 3, 2015 seeking to subdivide land known as Lot 1147 DP 115395 into 65 lots over two stages. Council refused the application and the developers subsequently appealed the decision.

Tuesday’s judgement found that Council’s decision to maintain the site for a future school was appropriate.

Mayor of Tweed, Councillor Katie Milne was jubilant about the Court’s decision, saying it was an important victory for the people of Pottsville in this long-running saga.

“This judgement is a vindication of the community’s strong stand in this. I’m so pleased Council supported them and it goes to show that going to court for the community is the right thing to do. It’s wonderful when we can get a win for the community like this,” Councillor Milne said

“This should end any future threat to this school site.

“The Department of Education should take heed of this ruling for their future strategic planning. Council and the community knew that Pottsville is set to grow and we cannot afford to let go of this valuable site which has been earmarked for this purpose.

“This is particularly welcome news for Seabreeze residents who bought into this estate on the understanding a school would one day be built on this land, not more houses.”

In her judgement, Commissioner Morris said: “….it was common ground that a school will be required in Pottsville.

“The council’s long term strategic planning has and continues to address that need through its DCP by identifying that land. Planning for the orderly and economic use of the land does not always mean that thresholds that trigger the need for a particular land use always coincide with the completion of surrounding development. There may be a delay in finalising the delivery of the full range of infrastructure required by a community for a variety of reasons.

“That should not prevent the delivery of those facilities that have been planned for and which are demonstrated to be necessary over time. This is a particularly important element of strategic planning and ensuring delivery of all necessary infrastructure over time,” Commissioner Morris said.