There's an interesting case before the NSW Supreme Court at the moment.
I don't know Chris Condon, but I know what he's like. He's a very ambitious and very deep pocketed developer who tends to get what he wants (it may take him a while, but his dogged determination is incredible).
Lennox Head Real Estate Quarrel
10 May 2011
THE row over plans to build affordable housing units at Lennox Head’s ritzy Greenwood Grove estate has reached the Supreme Court of NSW.
Residents of the estate are taking the legal action, including Ballina Shire Council general manager Paul Hickey and his wife Penelope who bought land there in 2007 and have since built a house.
Other plaintiffs are Barry and Thelma Harrington, Angus Lambie, Joanne Scotcher, Robert and Katrina Warren, and Jacqueline Ulrick.
On the other side is Greenwood Grove Estates Pty Ltd, directed by Chris Condon.
A three-day hearing started in the equities division of the Supreme Court of NSW in Sydney yesterday.
According to court documents, the plaintiffs are seeking an order that would “permanently restrain” Mr Condon from pursuing the development as submitted to the council in February.
Mr Condon has a current development application with the council for 74 affordable housing units, called Greenwood Chase.
But the plaintiffs say this proposal is a breach of their sale contracts.
They are claiming that they will suffer “loss of amenity due to increased noise, adverse visual impact, increased local traffic and parking difficulties, increased use and crowding of local public areas” if the development goes ahead.
“It would be unconscionable for the defendant to carry out the proposed development,” the plaintiffs’ submission states.
Instead they want any future development to comply with the Greenwood Grove Management Plan from 2005.
However the submission from Greenwood Grove Estates Pty Ltd states that only “hypothetical questions” have been raised.
“Until such time as development consent is granted on acceptable terms and conditions to the defendant, it cannot be known whether the defendant will be entitled or financially able to carry out the development,” according to the submission.
It also states that it is “unreasonable to restrict the development of the land for affordable housing.
“The needs of the general population for affordable housing must outweigh the personal interests of the plaintiffs.”
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and now...
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Affordable Housing Appeal
15 August 2011
AN appeal could be lodged over the Joint Regional Planning Panel’s (JRPP) decision to refuse an application for 74 affordable housing units at Lennox Head.
The application was refused last month, with the panel deciding the development was “out of character” with the area.
Greenwood Grove mostly consists of single dwellings on 1200sq m blocks of land.
But developer Chris Condon’s recent victory against nearby residents in the Supreme Court of NSW has prompted speculation he will appeal the JRPP decision and continue to push for the affordable housing units.
Speaking on behalf of Mr Condon, town planner Steve Connelly would not say whether they were considering an appeal.
“An appeal has not been ruled in or out at this time,” he said.
“However, the time to lodge an appeal has recently changed under the act and an applicant now has only six months to make a decision.”
At the time of refusal, chairman of the Northern Region JRPP, Garry West, said there was “no doubt” affordable housing was needed on the Northern Rivers.
However he said he “struggled” to agree that Greenwood Grove was a suitable location for the proposed development.