The NSW Land & Environment Court upheld an appeal by Goldcoral Pty Ltd (Receiver and Manager Appointed) against the Northern Regional Planning Panel’s refusal of DA2015/0096 for the Iron Gates Development at 240 Iron Gates Drive Evans Head.

Judgement was handed down by Justice Preston Chief Judge of the NSW LEC on 31 July 2024 by upholding the appeal and granting conditional consent to a concept development proposal consisting of-

Concept proposal for subdivision of 240 Iron Gates Drive, Evans Head, and detailed proposal for Stage 1 of the subdivision.

Concept Proposal

1. Concept proposal for the subdivision of 240 Iron Gates Drive Evans Head, being Lot 163 DP831052 and Lots 276 and 277 DP755624 (the land), provision and upgrade of infrastructure, and upgrade of Iron Gates Drive.
2. Part of the land to be subdivided as a community title scheme under the Community Land Development Act 2021.
3. The use of part of the land zoned R1 General Residential under Richmond Valley Local Environmental Plan 2012 identified as “Stage 1” for:

(a) residential development comprised of dwelling houses and dual occupancy development;

(b) open space purposes associated with the residential development; and

(c) a Community Building for use by residents and visitors during times of flood and fire emergency and for other facilities subject to any necessary development consent.

4. Land zoned C2 Environmental Conservation will be set aside and managed into the future to retain and enhance ecological values of existing and proposed vegetation.

Stage 1 Subdivision

1. Demolition of existing buildings, roads, and stormwater and sewage infrastructure present on the site.
2. Subdivision of the land into 126 lots comprising:

(a) 123 lots subdivided into a community scheme established under the Community Land Development Act 2021 comprising:

1. One community property lot (Lot 1) containing the land retained and managed for conservation purposes and the community building;
2. 122 community development lots, being
3. 121 residential allotments (Lots 2-122); and
4. one residue lot (Lot 123) for future subdivision (to be the subject of a future development application); and

(b) the following lots not forming part of the community scheme:

1. one public open space lot (Lot 147);
2. one sewer pump station lot (Lot 148);

iii. one residue lot (Lot 142); and

1. public roads including stormwater infrastructure.
2. Construction of internal roads, and stormwater, water, sewerage and other infrastructure.
3. Vegetation management works on part of the community property, including vegetation removal and retention, environmental protection works, and ongoing environmental management.
4. Bulk earthworks.
5. Upgrades to Iron Gates Drive; and
6. Provision of or upgrades to water and sewer infrastructure in Iron Gates Drive as required.

The judgement, determination and support plans and reports are provided below.