Legal action looms over Lot 490 development approval
THE Save Lot 490 Coalition is planning to go to court in a battle to save the crown land they claim is environmentally significant at Cudgen Creek, Kingscliff.
The plan for a tourist resort expected to cost $105 million and featuring 180 bungalows has been given the green light by the NSW Planning Assessment Commission.
Also among the protesters to the development are the Marine Action Conservation Society (MACS), Fingal Head Coastcare, Kingscliff Dunecare, Dreamtime Beach Dune Care, Casaurina Beach Landcare, Hastings Point Dunecare, Cabarita Dune Care and Pottsville Dune Care with an estimated combined membership of 380 members.
"All these groups unanimously oppose this development of Lot 490 for these obvious and very simple environmental reasons," said spokeswoman Kay Bolton.
"Lot 490 is one of the last few remaining areas of natural coastal vegetation between Kingscliff and Wooyung.
"It has great biodiversity and contains areas of riparian vegetation, mangroves, wetlands, coastal woodland, coastal heath, littoral rainforest and dunal vegetation.
"More than 60 species of native vegetation have been recorded in the area including endangered and rare trees and plants as well as many stands of important habitat, seed and feed trees."
Save Lot 490 Coalition member Jerry Cornford said he was seeking a briefing from a barrister with the view to appeal against the approval of the project.
"We are exploring to see if we have sufficient grounds to take the issue to the land and Environment Court," he said.
"The community doesn't have the option of a merit appeal.
"That is the right to appeal on the grounds that the proposal is not in the interest of the community.
"We have to go for a judicial appeal."
The group may have to prove that the NSW Planning Assessment Commission has failed to follow the correct process.
