Tallwoods Village unique character recognised in court win

Hallidays Point residents have been fighting to stop the proposed project since a development application for a 202-site MHE was lodged with MidCoast Council in 2017.

Residents claimed lack of infrastructure, services, facilities and poor roads could accommodate an influx of residents.

The developer twice challenged and was rejected by MidCoast Council, and in September 2019 evidence was heard at the proposed Blackhead Road site by LEC commissioner, Peter Walsh.

However, following the presentation of evidence later that day, the conciliation conference was terminated by the commissioner.

Then COVID hit and another commissioner was appointed and made another site inspection.

Due to COVID residents were unable to attend, instead three residents gave evidence via zoom during the court hearings in September 2020.

Throughout the proceedings the applicant made multiple amendments to DA.

To the relief of battle weary residents the final decision was handed down last Wednesday, March 17

"In considering the evidence and submissions on character and the reasonableness of the visual impact I have given weight to the submissions of the public as to the value of the distinctive character of Tallwoods and its natural characteristics," commissioner Dickson said.

"I am satisfied that many of these submissions are reasonable and lend support to the proceeding conclusion that the form and density of development proposed by the development application, its visual impacts and incompatibility with character are unacceptable."

Tallwoods Action Group spokesperson, Sandii Chan said residents were not against development, but against inappropriate developer led development.

"It's important for residents to get out a clear and objective message this was an inappropriate development and the residents of Tallwoods Village are thrilled with the findings of the LEC," Ms Chan said.

Adjacent residents Les and Sue Burke felt compelled to sell up following the uncertainty around the development proposal.

"We are delighted with the outcome, these developments have significant negative impact on neighbours and their wellbeing," Mr Burke said.

"We are grateful to hear the determination from commissioner Danielle Dickson.

"The commissioner has reiterated what locals have known all along, this is out of character with the area and is an inappropriate development."

The proposal had flow on negative impacts for multiple groups surrounding the property.

The adjoining landholder, represented by Colin Benvenuto, was party to a voluntary planning agreement lodged with council and included the site in question.

"We are really pleased with the finding and the concerted effort of the local community," Mr Benvenuto said.

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"We've always thought there needs to be a quality and carefully thought out development strategy that respects the beauty of the area and reflects the lifestyle people come to it for.

"The finding basically upholds the original voluntary planning agreements we and the site next door entered into which achieve these kind of objectives for the Tallwoods and Blackhead Road area.

"Development is important, but it needs to be appropriate and contribute something good to an area."

The findings should send a ripple across the development planning space in NSW; inappropriate development impacting on the neighbours and the surrounding properties should not just be accepted to the detriment of the environment and others, Ms Chan said.

"In our case the developers never at any time offered to sit with our community to negotiate what would be acceptable.

"People have a say, and there needs to be appropriate consultation and consideration with local residents and communities when planning for future developments.

"The environment, visual amenity and character of localities matter."

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