THE Voices of South West Rocks Community (VOSWRC) group are outraged that a Development Application from 1993 has been upheld in the Land and Environment Court (LEC).

In response to Kempsey Shire Council’s decision on Thursday 6 April to not enter any further action against Rise Projects Pty Ltd on the grounds of financial, reputational and chance-of-success factors, the VOSWRC have started a series of protest vigils in Phillip Drive, South West Rocks.

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Protesters are fighting against the use of ‘Zombie DAs’ to get inappropriate developments through the Land and Environmental Court.

The group wants to see change at a legislative level and bring development controls back into the hands of local government, and stop developers taking advantage of outdated environmental and planning laws.

The phrase ‘zombie development’ has been used by resident objectors and environmentalists to refer to a development that was approved many years ago but has not been substantially carried out or completed.

Such developments are raising concerns in circumstances where they do not comply with current planning laws, or they have adverse social, environmental or economic impacts which were not or could not be considered when the development application was first assessed and consent was granted; as is the case of the Rise Development at Lot 2 Phillip Drive, South West Rocks, which was originally granted development consent in 1993.

For example, natural disasters or other changes in the local environment may result in development sites having higher biodiversity significance for ecological communities and threatened species, or be under more threat from coastal erosion and sea level rise than they were at the time the development application was assessed.

The South West Rocks community have been out in support of their aims this week with banners, placards and relevant information to show that there is a bigger picture here to be considered.

“We’re holding these vigils to express a call for common sense,” local resident Warren Bailey said.

“In the last few days we’ve received hundreds of emails registered by people sharing our views.

“We’re hoping to be able to keep the protest in place until 3 May, Wild Koala Day, as koala habitat is just one of the devastating aspects of the Rise Development, the destruction of swamp mahogany trees on the site.

VOSWRC member Larah Kennedy told News Of The Area, “We as a group will be pushing for an immediate moratorium on Zombie DAs, and ensure that all past DAs are brought within current environmental legislation.

“We want to see the handing back of planning laws to the local government.

“We should not be building in areas with the propensity to be exposed to future catastrophic events reminiscent of the last few years.”

The recent Land and Environment Court decision to grant a construction certificate for development at the Phillip Drive site centred around ground testing being completed within five years of the original development consent in 1993, with the judge deciding this constituted construction activity.

“It is devastating to think that a significant habitat site can be clear-felled from a 1993 DA consent on the grounds that a third party dug a hole on the site,” said local resident Anne Walker.

“It is just outrageous.”

Vigil attendee Judy Williams told News Of The Area, “Our family has always had a connection with South West Rocks, and by taking away the vegetation from this site, soil and debris will end up degrading the creek, and washing out to the ocean.”

Community members are invited to join the protest vigil on Phillip Drive.

To get involved, head to the bus shelter on Phillip Drive, bringing a chair and a placard to keep the conversation going, or email hello@voswrc.org.au.

For more information visit https://fb.me/e/5xzEQxGZ2.

By Karen GRIBBIN