The Land and Environment Court has approved an Over 50's seniors housing estate in West Ballina, leaving Member for Ballina, Tamara Smith, very unhappy.

The 56.76-hectare low-lying site in West Ballina comprises two lots and is bordered by the confluence of Emigrant Creek and the Richmond River. The development application was considered by the Northern Regional Planning Panel (NRPP) on 30 November 2023, and was refused by them on 11 December 2023.

(Image: L&E Court)

GTH Resorts No 10 Pty Ltd then lodged an appeal with the Land and Environment Court.

Ballina Shire Council said that there is a range of impacts that either have not been adequately addressed through the development application documents, or are unacceptable in some way. Those impacts include impacts from bulk and scale, visual impacts on neighbouring properties, impacts on flooding and flood behaviour, impacts on surface water and groundwater in the areas to be conserved, impacts on aquatic ecology and biodiversity conservation, and impacts on Aboriginal cultural heritage. 

Ballina Council also argued that the site is not suitable for the proposed development on the basis that it is now a prohibited form of development on the site.

Although the development is deemed to be in a medium flood risk area, it was approved.

An unhappy Tamara Smith MP says the approval of the GemLife development on flood-prone land in West Ballina highlights a deeper and ongoing failure to protect communities from inappropriate development on floodplains.

“After everything our community has endured, we are still approving new housing on land we know goes underwater,” Ms Smith said.

“This isn’t a ‘Gem’ for our community. It’s a jackpot for developers who can afford to litigate, and a long-term liability for locals.”

110 seniors dwellings are now set to be built in West Ballina, a suburb that experienced some of the worst effects of the 2022 floods and where locals report sky rocketing insurance premiums.

“For years, my NSW Greens colleagues and I have consistently called for development to be prohibited on high-risk floodplains. We have pushed for planning reforms that put climate risk, safety and community wellbeing ahead of developer profits.”

“The climate science is clear and Northern Rivers communities are on the front line -flood events are becoming more frequent and more severe. Yet we continue to approve projects that jeopardise existing residents and lock future communities into known risk.”

“The current system allows developers to navigate planning frameworks while local communities are left carrying the long-term financial, environmental and emotional risks”.

“When developments go ahead on floodplains, the profits are privatised but the risks are shared”.

“We owe it to our community to stop creating tomorrow’s flood victims today.”