HP Community Goes to High Court!
“We’re Back & We Will Rock You!” is Hastings Point community’s catch cry after receiving a shock judgment of 2 judges against 1 in their Court of Appeal action against “The Point”.
Not to be deterred by silly, irresponsible and threatening remarks by Tweed’s “Accidental” developer lobbying Mayor – Warren Polglase, the community has gone to the High Court to have their case heard. No doubt, the first for Tweed Council.
We have a message for the developers, financiers and builders who risk building “The Point” while in Court – “WE WILL ROCK YOU” – The world is watching you and the risks you take. It is your money and yours alone which will be lost. Your luck has run out.”
The Community will be relying on the same arguments which were carefully considered and upheld by one of the Court of Appeal judges in no less than 21 pages.
HP’s lawyer advises – “The brief majority judgments failed to consider the meaning of relevant provisions in proper context. They failed to focus on the substance of the provisions. Even on their own conclusions, the majority should have found in favour of the community.”
The Appeal concerns a very basic issue which has nothing to do with the merits of the development – whether “The Point” is good or bad. Communities do not have the right to appeal on merit. Everyone can see how bad “The Point” is for Hastings Point.
The issue in the High Court (as with the Court of Appeal) is the extent to which the Seniors Living Policy prevails over a main provision of the Tweed LEP because of inconsistency between them – To the extent of the inconsistency, the Tweed LEP provision must be ignored.
Why we are Right! – HP fights for the State!!!
The practical application of the Majority’s decision is alarming. It effectively means that many of the most important regulations of State, Regional and Local Environmental and Planning Policies must now be set aside when Councils are considering a Seniors Living Development.
This is NOT what the policy intended.
The Seniors Living Policy did not intend to supplant important regulations on subject matters that it does not cover – such as traffic issues on main roads, contaminated soils on site, air traffic noise, protection of adjoining water bodies, bushland and koala populations – just to name a few.
The community’s case against the Point is “The Castle” revisited, as this little seaside hamlet goes to the High Court to save communities and environments all over the state from the “free for all” development scenario that now exists.
Instead of providing safer and healthier environments for our seniors, this new law allows the opposite. WOW!!!!
It has Tweed Shire Planners now scratching their heads and asking how this law can apply.