South West Rocks residential complex gets nod after resurrection of 30-year-old 'zombie DA'
A controversial residential development in a small beachside town on the NSW north coast is set to become a reality, 30 years after a so-called zombie development application was lodged for the site.  
The South West Rocks project will include 18 two-storey townhouses and 12 resort-style townhouses on a five-hectare strip close to the Trial Bay Front Beach.
Attempts to modify the historic development application drew significant community concerns and legal attention, including consideration by the Land and Environment Court.
The Kempsey Shire Council has now voted to approve the project with 72 development conditions, after two years of consultation with the developer, Rise Projects.
Company director Daniel Pszczonka described the decision as a "great outcome" and said the company had already received 300 registered enquiries about the development, which would be known as The Rocks.
Mr Pszczonka said demand for alternative housing in the region was high, and The Rocks would be the "first multi-stage, medium-density community on the NSW Mid North Coast in decades".
"It was a bit of a drawn-out process with the first DA that we lodged with council, so we acted upon the old 1993 DA consent that we had, as it was taking quite a while," he said.
"But then we came to a resolution with council for a different outcome at the site.
"We worked together and made some amendments to the application … which they finally approved through the council vote [this week]."
The Kempsey Shire Council initially opposed the development, but it said the proposal was “comprehensively assessed against the relevant legislative considerations, planning controls and anticipated environmental impacts”.
More than 100 submissions were received from the community, some highlighting environmental and privacy concerns which contributed to the removal of a planned five-storey residential apartment building.
Kempsey Shire Mayor Leo Hauville said council would carefully monitor the development.
“The 72 conditions within the development consent will help protect the environment in and around the site,” Councillor Hauville said.
The council's director of operations and planning, Michael Jackson, said the organisation had worked hard to address significant community concerns.
"One of the issues [for the community] was the clearing of vegetation on the site originally,  and unfortunately that was permitted through the various appeals and court outcomes which allowed that to occur," he said.
"Most of the damage was done when that original zombie DA from 1993 was permitted to be enacted and the clearing undertaken under that DA.
"However, the developer did undertake to keep a number of trees that they were entitled to clear, so that was a small win for the community."
Council staff also noted that while the proposal raised legitimate environmental issues — such as stormwater impact, acid sulfate soils, and contamination — those challenges could be effectively managed through well-designed, water-sensitive urban planning and engineering strategies.
Mr Jackson said balancing growth in coastal communities with protecting the environment was a "real challenge".
"There's always going to be huge tension in environmental matters," he said.
"The easiest solution would be to just lock everything up as a national park or an untouchable conservation reserve, but that's not going to allow people to move into South West Rocks or the Kempsey Shire, and some element of growth does need to be allowed for.
"All we can do is try and apply the Environmental Planning and Assessment Act and various environmental restrictions as best we can to get the best outcome for the community."
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