South West Rocks, NSW – July 9, 2024: Rise Projects has announced its decision to pursue legal action to obtain a determination for its concept masterplan proposal. This is due to the significant delays and assessment inaccuracies for the proposal submitted to Kempsey Shire Council in October 2023. This action underscores ongoing structural issues within the NSW planning system that, despite recent reforms, continue to penalise progressive medium-density projects with additional costs due to protracted approval processes.
“The assessment of our proposal by Kempsey Shire Council has faced considerable delays and contains factual errors, preventing an objective evaluation,” stated Daniel Pszczonka, Director of Rise Projects. “Our decision to take legal action stems from a lack of confidence in the Council’s ability to deliver a timely, unbiased report to the Northern Regional Planning Panel so it can make a determination on our Master Plan.”
This move by Rise Projects mirrors a growing trend of NSW developments seeking recourse in the Land and Environment Court to secure fair assessments based on the individual merits of each project.
Rise Projects wrote to the Northern Regional Planning Panel (NRPP) highlighting substantial errors in the assessment report prepared by Kempsey Shire Council (KSC), including incorrect land size and site zoning data that underpin many of the report’s calculations, compounding inaccuracies. With confidence waning in the assessment process, Rise Projects had to pursue legal action before a crucial window closed, or risk losing the chance to address further deficiencies.
This legal action is expected to incur additional costs for both Rise Projects and KSC, ultimately impacting taxpayers already burdened by recent Council rate increases.
A primary contention from the Council is the proposed building height, despite the development being designed to blend into the landscape and remain invisible from any locations across south west rocks including the headland, gaol and beach.
“Our proposal complied with all planning controls for the site, including building heights. However, the Council’s assessment briefing report indicates they will not support any proposal exceeding two storeys. We’ve tried to engage with Council on a vision for the best possible outcome for the site, but they will only accept another low-rise two-storey subdivision,” said Pszczonka.
Despite the Council’s stance, the NSW Department of Planning disagreed with the KSC decision. In June, it implemented an 11-metre height limit for the site, designated it as a Key Site under the LEP, and made a specific allowance for Rise’s masterplan proposal. Rise Projects envision a five-storey development to better support much-needed affordable housing targets (10% of total development) and amortise the increased cost of development against a target of approximately 300 homes across three stages.
“The community doesn’t want clearing of native bushland for low density subdivisions. We checked, and providing 313 homes elsewhere in South West Rocks takes up a huge 29 hectares of land. Our medium density masterplan proposal means that our ready-to-build 4.8 hectare site can provide 313 homes and still retain 30% of the site for publicly-accessible parkland spaces .” said Pszczonka.
Speaking to feedback received from the community about the sensitive surrounding environment “We have worked diligently with the National Parks and Wildlife Service (NPWS) and other NSW agencies to address environmental concerns. We’ve received all the necessary NSW agency approvals. NPWS wrote a closure letter accepting the proposal, and appear satisfied with our proposed stormwater treatment and controls to protect the adjacent creek and sensitive coastal area.
Rise Projects is deeply committed to the community and aims to achieve the best outcomes for this land’s development.
“Our vision is to create sustainable businesses, restaurants, and community facilities, ensuring a vibrant community hub that complements the bustling CBD. Achieving this requires a certain resident density.”
Community Engagement:
To ensure the community is well-informed and involved about the project, Rise Projects has created a community information hub which including detailed environmental reports, visual renderings of the project and ongoing updates, please visit swrcommunity.net or contact Daniel Pszczonka at the provided contact information.
Watch the Latest Community Update Video
Rise Projects ‘The Rocks’ stormwater infrastructure and roads update.
About Rise Projects:
Rise Projects is a leading property developer committed to creating sustainable, high-quality residential communities. With a focus on environmental responsibility and community engagement, Rise Projects aims to deliver exceptional housing solutions that meet the needs of today and tomorrow.
Contact Information:
- Name: Daniel Pszczonka
- Title: Director
- Phone: Sydney: (02) 8094 1209 | Brisbane: (07) 3229 2469
- Email: daniel@riseprojects.com.au
- Address: 57/6-8 Herbert Street, St Leonards NSW 2065
- Postal Address: PO Box 1662, North Sydney NSW 2059
- Website: www.riseprojects.com.au