A DEVELOPER has taken Tamworth Regional Council to court over its refusal of an over-50s village around the Longyard Golf Course and subsequent decision to rezone the land in question.
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At its last meeting for the year, the council voted in favour of a change to its zoning rules to essentially ensure incompatible developments wouldn’t occur close to significant existing and proposed developments that had been “identified as economic and social drivers within the region”.
Longyard Golf Course owner John O’Rourke argued the development was necessary for the long-term viability of the facility.
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He took a swipe at the council at its ordinary meeting and said rezoning the land was “an abuse of the planning process”.
“Neither RPS [the developer] or my company has had any reason to expect the council could not only refuse the application but would seek to change the zoning rules,” Mr O’Rourke said.
“RPS has spent many thousands of dollars preparing and submitting the development application.
“RPS has not acted inappropriately or unprofessionally; however, council is now attempting to pursue a course which will mean all of the money spent by RPS will be lost.
He urged councillors to defer a vote until the court appeals were resolved.
Councillors voted unanimously in favour of the changes, which will remove the ability to have caravan parks on land zoned for private recreation.
The council’s actions are an abuse of the planning process.
- Longyard Golf Course owner John O'Rourke
The changes will now be sent to the NSW Department of Planning for approval.
If approved, the proposed amendment will then go on public exhibition.
Planning director Brent McAlister said the recent development application for the Longyard Golf Course highlighted there was a need to review the permitted activity in the relevant zoning.
He said there were a number of significant sites that might be affected, with the zoning anomaly allowing manufactured home estates on private recreational land.
“In this regard, the proposed LEP amendment is a strategic, whole-of-local-government-area approach to resolving potential future land-use conflict,” he said.
The matter had a directions hearing in the Land and Environment Court in Sydney on Wednesday and was set down for a conciliation conference on February 1.
Jacob McArthur
Jacob McArthur is opinions editor for The Canberra Times and Australian Community Media. As part of the Canberra Times' production team, he helps the people of Canberra and beyond get the stories they need, when they need them across a range of platforms, while helping maintain a high editorial standard. Before moving to Canberra in 2020, he started with Australian Community Media in 2015 as a journalist for The Northern Daily Leader in Tamworth where he kept a close eye on Tamworth Regional Council. Jacob was also the co-host of ACM's Water Pressure podcast where he and Jamieson Murphy took a deep dive on issues and key decisions arising during one of the region's worst droughts on record.
Jacob McArthur is opinions editor for The Canberra Times and Australian Community Media. As part of the Canberra Times' production team, he helps the people of Canberra and beyond get the stories they need, when they need them across a range of platforms, while helping maintain a high editorial standard. Before moving to Canberra in 2020, he started with Australian Community Media in 2015 as a journalist for The Northern Daily Leader in Tamworth where he kept a close eye on Tamworth Regional Council. Jacob was also the co-host of ACM's Water Pressure podcast where he and Jamieson Murphy took a deep dive on issues and key decisions arising during one of the region's worst droughts on record.
