- The Point development is one development on Southern end.
- The Point is not Hastings Point. It is contrary to everything around it.
- The Point is contrary to all applicable law.
- The Point is what not do. It has no positive planning value for Hastings.
- Ruker & Associates and Planners must apply the law.
- Building design above our southern treeline is WRONG – contrary to all law and Ruker. 10 metre high building advocated at the workshop will do this. This will destroy the environmental dominance of treelines.
- Council – you screwed up too many times already – now its time to apply the law and do the right thing by the community. You saw the hands at the workshop. You have been on site to view the issue. You know the truth. You must apply it.
This is the point:
We needed the judges to carefully review our written submissions and apply the law. That did not happen. Competing against 13 other cases with only 20 minutes to orally present, the judges appeared unfamiliar with the relevant legislation and disinterested. As usual, the developers took the usual route of misrepresenting fact and confusing law. No reasons were given for refusal other than they did not feel the community had prospects. HOW? WHY? That’s Aussie justice – very poor!!!
Tweed planners know the Court got it wrong that’s why the developer’s Mayor, Warren Polglase, was the only one to celebrate the result as validating the Council’s approval of the Point. Polglase again represented his own developer view and not that of those in Council that know better.
The judgment of the majority of the Court of Appeal has serious implications for the State. Councils throughout NSW when considering Seniors Living developments must now ignore many of the most important provisions of a whole raft of State Policies such as impacts from contaminated soils, coastal environments, traffic, koala populations etc. Ridiculous! Not important enough for the High Court apparently. Did the two judges understand? Hard to know!
The Court case had nothing to do with whether the Point is appropriate, just whether Council failed to consider an LEP provision which could invalidate the DA approval. The community cannot legally challenge the appropriateness of the development approval. The law is so bias it prevents this.
Everyone knows, including Tweed Planners, that the Point is a planning bungle. It was advocated by the former director of planning who misapplied the law to allow its passage. He is now working for Leda Developments – who is busy now trying to override the Shire’s planning controls to build two unsustainable satellite towns in Cobaki and Kings Forest.
The Point is a ridiculous blot on our Southern End. Perhaps we need to change Hastings’ settlement boundaries. The Point does not reflect Hastings Point. It is now the classic example of what not to do.
Resilient as ever, the Hastos community is back and ready.
We vow to save the rest of Hastos and will expose any further misapplication of the law and dodgy planning at whatever level necessary. Hastos is angry and it has every right to be.
NO MEANS NO!!!! The Council of the past has screwed the community to meet the greed of a few. ENOUGH IS ENOUGH!
Our locality plan must reflect the law and protect Hastings Point – rather than forcing design which destroys it. Failing to consider small issues can have significant impacts – classic example was Council and Ruker & Associates’ failure at our last workshop to consider treeline vantage points for our Southside.
Our next newsletter will expose all!!!