PLATEAU SUMMONS: Lismore Council has been issued with a summons to halt planning for the for a major residential lot subdivision on the North Lismore Plateau.
PLATEAU SUMMONS: Lismore Council has been issued with a summons to halt planning for the for a major residential lot subdivision on the North Lismore Plateau. Marc Stapelberg

New hurdle facing $45 million Lismore development

THE long-awaited $45 million North Lismore Plateau development is facing another setback, after opponents issued summons to the developer, the planning authority and Lismore City Council.

Chairman of the Bundjalung Elders Council and the North Lismore Plateau Protection Association, Mickey Ryan, has commenced legal proceedings to invalidate the development consent for the first stage of the 433-lot project.

Mr Ryan has already issued a summons on the developer, Winten Property Group, and the Joint Regional Planning Panel.

He served the summons on Lismore City Council, accompanied by his lawyer Al Oshlack, on Monday morning.

Mr Oshlack said the summons sought an injunction of all work that relied on the consent and legal costs.

"We believe our legal grounds are very strong,” he said.

Mr Oshlack said the council "ran roughshod” over any opposition to the development.

"When we told them they'd breached all the planning guidelines and regulations regarding cultural heritage and threatened species they said they didn't care,” he said.

"They have brought this on themselves.”

Mr Ryan said he felt "pretty confident” about stopping the development, which he said would be three or four times bigger than the proposed West Byron development.

In October 2018 the Joint Regional Planning Panel conditionally approved Winten Property Group's proposal for the new estate off Sexton Rd, North Lismore.

The council would need to borrow $32 million to build the supporting infrastructure for the project.

"No other development on the North Coast gets this kind of gold-plated subsidy,” Mr Oshlack said.

"Council is crying poor ... so this is a real matter of public interest.”

The council's acting executive director of sustainable development, Peter Jeuken, said the matter had been referred to their lawyer.

"Council has received formal notice of an appeal to the Land & Environment Court against the Northern Regional Planning Panel's determination for a North Lismore Plateau development application, which was approved in October 2018,” he said.

"There are 11 grounds stated for the appeal relating to the adequacy of environmental and cultural assessments.

"The matter has now been referred to Council's solicitor.”

Plans to develop the plateau for housing go back more than 20 years.

The Winten Property Group have been approached for comment.