Council reluctantly decides not to appeal Rise Development

Published on 06 April 2023

Kempsey Shire Council considered its position and options concerning the Rise Development on Thursday and reluctantly chose not to appeal the case.

At an Extraordinary Meeting of Council on Thursday 6 April, Councillors faced the challenging task of weighing financial, reputational and chance-of-success factors in deciding whether to pursue an appeal of the Rise Development case in court.

During the Public Forum, passionate members of the South West Rocks community, Larah Kennedy and Warren Bailey, addressed Councillors and outlined their concerns and views on the matter.

Council moved into a confidential session to allow for a full briefing on the matter before they engaged in a thorough and rigorous discussion of the available options, before ultimately coming to a recommendation.

Leo Hauville, Mayor of Kempsey Shire Council said it is with reluctance that Council has chosen not to appeal.

“It’s frustrating to know that this site is being developed based on a 1993 development application and that Council has been forced to approve these works and to comply with the 1993 environmental regulations, said Mayor Hauville.

“Unfortunately, proceeding with an appeal would have very little chance of success and represent an unjustifiable financial risk given it would likely cost ratepayers hundreds of thousands of dollars.”

Councillors acknowledge and praised the community sentiment and passion regarding the development and thank Council’s operational staff for their work on the matter.

On Monday, the developer committed to the court that some areas of the site will be protected while Council considered its options. These areas were proposed by Council’s Development Assessment team as having the highest ecological values of the site.

“I appeal to the developer to show genuine consideration to the environment and make a commitment to protect the wildlife that thrives at the site,” said Mayor Hauville.

For more information please visit Updates on development in South West Rocks