THE Longyard golf course owner will appeal council’s decision to refuse a residential development on and around the course in the Land and Environment Court.
The facility’s owner John O’Rourke spoke at this week’s council meeting where he accused Tamworth Regional Council of not following “due process” or adhering to “legislative requirements”.
Mr O’Rourke made a presentation in opposition to a proposed amendment to council’s Local Environment Plan (LEP) which removed the right to put “caravan parks” in private recreation areas.
The golf course owner said the motion directly affected his business, but he wasn’t notified of the proposal.
“The subsequent attempt to alter the LEP as proposed today further attempts to bypass the state planning laws,” he said.
“[It] contravenes a number of laws of local government as detailed to council’s GM by my legal representation today.
“This matter follows on from council’s refusal of consent of [the Longyard development] which is currently proceeding to legal appeal in the Land and Environment Court.”
The councillors ultimately voted unanimously in favour of amending the LEP at Tuesday’s meeting.
Planning director Brent McAlister said council received the “legal representation” in the hours leading up to Tuesday’s ordinary meeting, but he believed “council had no worries legally” with the agenda item.
The latest proposal aimed to “ensure that incompatible development does not occur in close proximity to significant existing and proposed development that has been identified as economic and social drivers within the region.”
The plan for an over 50s luxury village near the golf course was knocked back with proximity to the “nationally significant” AELEC and the developing Northern Inland Sporting Centre of Excellence listed as a key deciding factor.