Chronology of Gales-Kingscliff

1969
The majority of Gales-Kingscliff holdings was purchased by Dr Harry Segal in 1969 in order to raise cattle.

 

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Dr Harry Segal - founder of
Gales-Kingscliff.  

Cattle grazing on Gales land.   Aerial view of Gales land at Kingscliff

The majority of Gales-Kingscliff holdings was purchased by Dr Harry Segal (M.B., M.S. [SYD] .FRCS [ENG], FRACS, FACS) in 1969 in order to raise cattle, as many of his colleagues were doing, and as an interesting pastime for his retirement.  Dr Segal had always lived in beachside suburbs, and wanted to stay in coastal areas.  Dr Segal raised cattle and then horses on the land.

Dr Segal was the Senior Honorary Surgeon at Sutherland Hospital, Sydney from 1958 to 1975 and in 1964 developed Kareena Private Hospital, Sydney, one of the first and most advanced private major surgical hospitals in Australia. See http://www.kareenaprivate.com.au/aboutus/history.asp

In 1972 Dr Segal applied to Hurstville Council, Sydney, to build a 120 bed hospital, the first proposal specifically to undertake coronary bypass surgery, many years before it was generally accepted, and which would have saved thousands of lives, but his application was rejected by Hurstville Council in a closed meeting.

1974
Gales sells 10 hectares of industrial land to Council for a nominal figure.

In 1974, at Council’s urgent request, Gales sold council 10 hectares of industrial land for a nominal figure.  The then Shire President, Clarrie Hall, visited Dr Harry and said that it was most important to sell the land to Council, and Dr Harry agreed immediately, as a good citizen.

Council allowed a factory development to build before the land sale was completed!  Council then sold of that land at considerable profit to Council.

Council should never have been in the developing business, if there were buyers for the land, it should have informed Gales, which it did not.

Subsequently Council asked Dr Harry to sell to them all of his remaining land for Council to develop a lakes development.  Dr Harry refused as he wished to continue his grazing interests on the land.

1975
Dr Harry Segal retired as a surgeon and he and his wife spent much time in a home they built on farmland in the Gold Coast.

1980
Gales submits a plan for the development of the land adjoining Kingscliff Beach.

As much of the land around Kingscliff was being filled and developed, Dr Harry became interested in developing some of their land in Kingscliff.  From previous experience in 1972, having had his plan for a 120-bed surgical hospital introducing coronary bypass surgery to Australia, rejected by Hurstville Council in closed session, he decided not to proceed with any further developments until he had the support of the public and the Council. 

After several years of costly planning, Gales submitted a plan for development in 1980.  Council did not approve the plan on the basis that they were waiting for drainage plans to be completed.

1980-1984
Dr Harry visited John Border, Council engineer and planner, each year at Council Chambers at Murwillumbah until 1984, and on each occasion he was told that he “could not move one grain of sand”.  This is the present situation in 2007.

Dr Segal became discouraged, and spent much time in the following years in United States, and subsequently his son and current Managing Director of Gales-Kingscliff, Dr Stephen Segal, took over management.

1989
Without informing Gales, Council imposes an enormous sewage buffer zone over almost all the remaining 20 hectares of Gales industrial land.

Gales note: 

  • This sewage buffer zone rendered Gales industrial land useless for any meaningful industrial development, and prevented for almost 20 years any industrial development on the site, and the loss of many industrial jobs.
  • The buffer zone will be removed in 2007 once the Kingscliff sewer plant is decommissioned and relocated.

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Map showing Council's Sewer Zone (lined) and surrounding
Buffer Zone, covering much of Gales prime industrial land.

September 1993
Mr Roy Rudam, a Kingscliff local, succeeds in stopping Council building a effluent sludge turf farm in Kingscliff.

Rudman v Tweed Shire Council, 28 September 1993, unreported, NSWLEC – Roy Rudman, a Kingscliff local, wins a major case against the Council, in the Land & Environment Court, to stop Council from constructing a effluent sludge turf farm on the land west of the Sewer Treatment Plant in Kingscliff. 

Bignold J allowed the appeal by Mr Rudman on the merits and Council was refused development consent for its proposed turf farm.

Background:

  • On 8 April 1993 the Council granted development consent to itself under Part 4 of the EP&A Act for the establishment of a turf farm on the land adjacent to the Kingscliff Sewage Treatment Plant.
  • Mr Roy Rudman exercised the right of appeal afforded by s98 of the Act and appealed to the Court against the Council’s determination to grant consent to the development.
  • Council was legally represented but Mr Rudman was unrepresented.

1994
Council allowed the vital east-west drain to be filled in, causing serious ponding and damage to Gales land around Turnock Street.

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Gales land north of Turnock St - subject to ponding ponding due to Council filling in main drain.

Gales note:

  • Council concealed the filling in of the vital drain from Gales, and only told Gales that a 2 hectare ‘detention pond’ was now required on their land.
  • The damage caused to Gales is currently subject to legal action commenced in 2006.

1996
Council acquired land from Gales and constructed Turnock Street, further compounding drainage problems on Gales land.

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Council's construction of Turnock St further
compounded drainage problems on Gales land.

February 1998
Dr Harry raised serious parking concerns with Council, which were subsequently ignored.  Dr Harry did not endorse Council's plan for the major District Centre for the Coast on his land immediately adjacent to the beach precinct.

In February 1998 as a result of his extensive observation in Australia and overseas with beach developments, Dr Harry informed Mayor Boyd and senior planning officers that he did not want any unnecessary commercial development on his land near Kingscliff beach.  The inevitable problems would be unnecessary traffic and insufficient parking.  Parking was the main essential in all modern planning.

Dr Harry rejected on these grounds the plan by Council for the large Distrct Centre for the Coast on his land adjacent to the beach precinct. 

August 1999
In the Land & Environment Court Gales succeeds in stopping
Council’s plans to expand the Sewer Treatment Plant at Kingscliff tenfold, and create a 20 hectare “turf farm” to treat sewage output, and plans to ship in 1000’s of tons of sludge each year from other sewer plants which would contaminate most of west Kingscliff. Council had begun construction of the turf farm which it had to stop.

Gales Holdings Pty Ltd v Tweed Shire Council [1999] NSWLEC 195 - In the Land and Environment Court, Gales succeeded in demonstrating that the turf farm proposed by Council is not part of the sewage treatment works and thus does not come within clause 11 of SEPP 4.

Background:

  • After Council’s first proposal to establish a turf farm was defeated by Mr Roy Rudman in the L&E Court in 1993, Council again gave itself approval to establish a commercial turf farm on 25 hectares, on land adjacent to the Kingscliff Sewage Treatment Plant.
  • The Council proposed to irrigate the turf farm with treated effluent from the sewerage treatment works and to apply treated sludge (also known as bio-solids) and 1000 tons annually from other areas in addition to the turf as a soil replacement and ameliorant.
  • The turf farm would be operated as a commercial enterprise by private management under a management agreement between a private operator and the Council.
  • Gales argued that the land has two characteristics which make it unsuitable for the purpose, namely soil of a high permeability and a high groundwater table which is generally between one and two metres below the surface.

2000
Council resolves to relocate the STP at Kingscliff and move the STP to another site.

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Cartoon from the Tweed Balance Issue 3 1999 - the campaign to stop
the expansion of the Council Sewer Plan in the middle of Kingscliff.

2001
Gales purchases further land mainly west of the Tweed Coast Road.

The purcahse of this land (shown in the picture) was in part to allow Council to relocate Kingscliff Sewer Treatment Plant (STP) away from the urban areas with encroaching residential development.

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Aerial picture (facing west) showing Gales land
west of Tweed Coast Road.  The orange area in
the upper left is construction on Council's new
sewer plant, and the small excavated area below
the lake is the start of Gales sand excavation.

September 2001
Council commissioned retail study by Patrick Partners identifies Gales land for a District Centre.

Council commissioned the Kingscliff Centre Study by consultants Patrick Partners.  The retail report recommended 3 possible sites for District Centre: Chinderah Site, at Kingscliff beach (later ruled out by Council resolution) and Kings Forest (ruled out in the report due to access constraints and koalas).

2002
Contracts entered into to relocate the Sewer Treatment Plant.

Gales enters into contracts with Council to purchase the Sewer Treatment Plant land in Kingscliff and sell to Council much less costly and more suitable land west of Tweed Coast road in order to relocate Council’s STP (see picture above).

6 November 2002
Council decides to prepare the draft LEP for the best land uses rather than for industrial development in light of the exhibited Strategy, and notified the Director-General of this decision by letter dated 16 November 2002.

29 November 2002
By letter of 29 November 2002, pursuant to s.57 of the EPA Act, the Director-General specified to the Council that the content of the environmental study should include an assessment of its commercial and retail needs in the Kingscliff and Tweed Coast area.

19 February 2003
Council engages planning consultant Geolink to prepare a LES and a draft LEP 2000 amendment for the STP site.

February 2003
Draft Development Control Plan No. 9 (version 2) – West Kingscliff released.  

The DCP No. 9 (version 2) includes recommendations and design concepts for a town centre adjacent to Turnock Street adjacent to the existing township.  DCP No. 9 (v2) states that “the proposed district town centre is to be located to the immediate west of the existing retail in Pearl Street along Turnock Street (page DCP 9-5).  It also identifies the STP site as “area proposed for extension of business and industrial area adjacent.”

2 July 2003
Council resolves that it does not favour a district shopping centre on Turnock St.

Minutes of Meeting of Tweed Shire Council p253 – Notice of Motion Cr Brimsmead, Council determines it does not favour locating a district shopping centre on Turnock St – no further time or resources be spent on planning for it, or allowing its possibly location on Turnock St to influence any planning decisions.

2003
Gales submits a development application for a new supermarket near the Elrond and Turnock Street roundabout in Kingscliff (the first DA for this site).  Council blocked the development.

Council blocked the development on the grounds of inadequate drainage and fauna protection, both of which resulted directly from Council’s improper actions.  Council stated that it prefers locating the new supermarket closer to the existing Action supermarket (now Woolworths) at Kingscliff.

Gales withdraws its DA to satisfy council requirements and prepares a second DA for a local supermarket adjacent to the existing supermarket in Kingscliff.

October 2003
Council commissioned retail study - Core Economics Report dated 31 October 2003 (Report No. 1).

Council’s retail consultant Core Economics identifies the need for a “large general-purpose retail centre” on the Tweed Coast, and recommends Chinderah (Gales land) as the ideal site to host 24 hectares of “place-based retail” and 10 hectares for a “general retail centre”.  The report states (page 52):

“Core Economics has considered a range of potential site options and only one area in the vicinity of the Pacific Highway is apparent, being located at Chinderah Road at Chinderah, which seems to have the capacity to effectively host such a centre.”

This and the subsequent Core reports (November 2003 and January 2004) were not released by the Council officers to the Councillors or to the public.  Core’s fouth report of September 2005 was finally adopted as Council’s retail strategy (the fouth report was very different from Core Economics original reports, in that the fouth report no longer recommended a District Centre at Chinderah).

Gales discovered that the Core Economics reports existed as a result of discovery during court proceedings relating to the rezoning of the Chinderah site.  The 3 initial Core reports were ultimately made public as a result of Gales successful Freedom of Information action (see below, July 2005). 

November 2003
Council commissioned retail study - Core Economics Report dated 15 November 2003 (Report No. 2).

As a result of being told by a Council officer that ‘only 15ha’ was developable at the Chinderah site, Core altered their recommendation as in their October report.  In fact, 50 ha of land is developable at the Chinderah site.  Council never corrected the false information provided to Core Economics, despites Gales informing Council that they provided incorrect and misleading information to Core Economics.

19 November 2003
Council resolved to exhibit the draft Tweed LEP 2000 amendment for the existing STP. 

The following changes from the Geolink LES were resolved at the meeting:

“The proposed 3(c) Commerce & Trade zone be replaced with 4(a) Industrial zone”

The reason for the inconsistency between Geolinks recommendation and Council resolution was due to comments Council’s Engineering Service Division which rejected Trade and Commerce due to:

(a)    land geometry and compatibility of zone boundaries with future road and lot layout;

(b)   flooding

(c)    3(c) Trade & Commerce is de facto retail and lead to generation of high traffic volumes .

16 December 2003
The draft Tweed Coast Strategy 2002 became development control plan no. 51 version 1.0 called “Tweed Coast Strategy”.

Planning Strategy 4.5 states: “Provide a district town centre for the Tweed Coast that comprises of between 10,000 square metre and 20,000 square metre of retail floor space.  (The location of the town centre will be the subject of future decision making by Council).” Council planners continue to favour Kingscliff.

January 2004
Council commissioned retail study - Core Economics Report dated January 2004 (Report No. 3).

3 March 2004
Council votes to zone the former STP site at Chinderah to Industrial.

29 March 2004
Local Council Elections.

June 2004
Tweed Futures released.

Tweed Futures Council paper of June 2004 states “Another major centre may be needed to serve the growing coastal population during the next decade or two”.

July 2004
Council failed in its application for costs regarding discontinuance of Gales first Woolworths proceedings.

Gales Holdings Pty Ltd v Tweed Shire Council (No. 2) [2004] NSWLEC 351 – In the Land and Environment Court, Bignold J made no order as to costs in the discontinued proceedings (concerning Gales Notice of Discontinuance regarding Gales development application for a Woolworths based supermarket and specialty shops on the corner of Turnock St and Elrond Drive) because the litigation history and the parties’ conduct not justify the conclusion that it was fair and reasonable to make a costs order against either party.

Gales note:  Gales withdrew its first application for a Woolworths based surpermarket on the corner of Turnock St and Elrond Drive due to Council’s ecological consultant hearing “100’s of Wallum Sedge Frogs” at the site (these are listed as a endangered species).  It was later discovered that no Wallum Sedge Frogs were present at the site, but only the common froglet which are widespread in NSW coastal regions.

28 October 2004
Gales commences action in the Land and Environment Court in relation to Council zoning Gales land at Chinderah “industrial”.

October 2004
Gales submits its second development application for a new Woolworths based supermarket, speciality shops and commercial offices, adjacent to the existing shopping village at Kingscliff

27 October 2004
Gales commences proceedings against Council's rezoning of the former STP site.

Gales lodged class 4 application at the Land and Environment Court requesting a declaration that Tweed Local Environmental Plan 2000 (Amendment No. 14) gazetted on 6 August 2004 is invalid (this plan zoned the former sewer plant land at Chinderah to ‘Industrial’).

8 November 2004
Contracts settle in the 'Cudgen land deal'.

Contracts settle (contacts exchanged on 28 May 2004) in regard to 48.64 hectares of specially protected prime agricultural land at Old Bogangar Rd, Cudgen Lot 330 in DP 755701 (the price is $9.5 million).  It is later exposed that a major retailer has a mortgage over the site i.e. there are plans, to develop a district or other shopping centre on that land.  The mortgage documents indicate that an ‘extra’ $5 million will be paid to the sellers if the land is rezoned for residential/retail development.

Media extracts:

  • 8 November 2005 – The Australian: 'Ex-Mayor stood to get $5M over deal'.
  • 9 November 2005 – The Daily News: 'Lynne Beck in new land deal row'.
  • 15 November 2005 – Extract from NSW Legislative Assembly Hansard regarding the land deal.

May 2005
As part of an agreed 'land swap', Gales purchases 18 hectares of the STP site from Council and sold 20 hectares west of Tweed Coast Road to Council for the new STP. 

July 2005
The ADT orders Court to publically release the Core Economics retail reports, which Council has claimed were "confidential".

Gales Holdings Pty Limited v Tweed Shire Council [2005] NSWADT 168 – In the NSW Administrative Decisions Tribunal, Higgings S (Judicial Member) ordered that Council publicly release the documents that Council claimed were confidential, being the Council commissioned Core Economics retail reports of 31 October 2003, 15 November 2003 and January 2004.   Costs awarded to Gales.

For the evidence revealing Council planner's lying and concealment of 3 vital retail reports and misleading Council as to their existence, please click here - ADT Transcripts.

Gales note: As a result of this decision against Council, the first such FOI win in at least 30 years, the Core Economics reports, which identified Chinderah (Gales land) as the ideal site for the district centre, became available to the public.

September 2005
Council commissioned retail study - Core Economics Report September 2005 “Draft” (Report No. 4).

Some selected recommendations in Core Economics 4th “draft” report were adopted by the Council in their resolution of November 2005.  This report identifies the Chinderah site as a new bulky goods precinct ‘when the Tweed Heads South precinct reaches capacity'. 

Core Economics original recommendation that a District Centre is needed on the Tweed Coast, and that the only location is the Chinderah site, is no longer in the report.

1 November 2005
Bignold J found that Council’s decision to rezone the former Sewer Treatment Plant land at Kingscliff to ‘Industrial’ was not unreasonable (this decision was overturned).

Gales Holdings Pty Limited v Minister for Infrastructure and Planning and Anor [2005] NSWLEC 617 – In the Land and Environment Court, Bignold J found that Council’s decision to rezone the former Sewer Treatment Plant land at Kingscliff to ‘Industrial’ was not unreasonable (this decision was overturned by the NSW Supreme Court in December 2006).

This decision was overturned by the NSW Court of Appeal on 21 December 2006 in Gales Holdings Pty Ltd v Minister for Infrastructure and Planning [2006] NSWCA 388).

16 November 2005
Administrators Boyd and Payne resolve that the Council will not support a new district centre on the Coast, and to reinforce Tweed Heads south as the major district retail centre. 

December 2005
Gales carries out its first survey of Tweed Coast residents on the Tweed Coast District Centre at Chinderah.

Gales carries out its first survey of Tweed Coast residents to ask if they think that there should be a new district centre on the Tweed Coast.  75% of the 675 respondents want a new district centre on the Tweed Coast, and over two-thirds of respondents support holding an independent inquiry into the need for a coastal district centre, at which all options would be considered.

9 December 2005
In a Letter to the Editor in the Daily News, Administrators Payne, Turnbull and Boyd state that “Gales Holdings … site at Chinderah has been rezoned for industrial purposes and identified as a prime site for bulky goods retailing which is permissible under an industrial zoning”.

February and April 2006
The Land and Environment Court determines that Gales must prepare a Species Impact Statement in regard to the Mitchell’s Rainforest Snail and the Wallum Froglet (which is widespread in coastal areas).

Gales Holdings Pty Limited v Tweed Shire Council [2006] NSWLEC 212 - In the Land and Environment Court, Talbot J determined that Gales was required to prepare a Species Impact Statement in regard to its development application around Turnock Street, as the proposed development is likely to have a significant impact on the Mitchell’s Rainforest Snail (determined February 2006) and the Wallum Froglet (determined April 2006).

In September 2006 each party was ordered to pay their own large costs for the SIS proceedings.

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Judge Talbot and Council's and Gales team      The Wallum Froglet is to be protected by Gales.
of barristers, lawyers, flora and fauna
consultants on site for the court hearing.

March 2006
Gales commences sand extraction of 400,000m2 from the approved Cudgen Lakes Sand Extraction project, which will ultimately be expanded and form a regional recreational lake with adjoining sportsfields.

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Initial pit for sand extraction December 2006

May 2006
Gales carries out the largest Tweed Shirewide Survey ever conducted on retail needs in the Tweed Shire. 

The survey asks Tweed Shire residents:

1. whether they support the development of a new multi-purpose District Centre at Chinderah; and

2. whether they oppose the expansion of Tweed City (in South Tweed) beyond its present size.

Results of Tweed Shire retail survey:

  • 85.7% of the 2,100 respondents support development of a new multi-purpose District Centre at Chinderah, with large majorities from every shire locality.
  • 73.5% of the 1,990 respondents oppose expansion of Tweed City beyond its present size
  • 2,735 signatures (82.1%) support the petition calling for the repeal by Tweed Shire Council of its decision to prevent planning for a new District Centre at Chinderah, and in favour of the commencement of planning for that centre.

June 2006
Gales wins court case against the development of a large Lobster Farm in the floodplain (later overturned).

Gales Holdings Pty Ltd v Minister for Planning & Australian Bay Lobster Producers Pty Ltd [2006] NSWLEC 347 - In the Land and Environment Court, Talbot J found that the Minister was not the correct consent authority for approval of the Lobster Farm, therefore the consent granted by the Minister was invalid.

Background: In December 2005, despite strong community objections, the Minister for Planning approved the development application submitted by Australian Bay Lobster Producers Pty Ltd, to construct facilities for the breeding and growing of “bay lobsters” (Thenus spp, Moreton Bay Bug). The proposal included the tank-based commercial aquaculture facility and associated seawater supply works located within the floodplain in the catchment of the Tweed River.  This proposal (which was finally approved in August 2006) will increase the liability to flooding along th Tweed River.

June 2006
Gales reached a settlement with Council regarding the area known as “Area 2c” in the plan of subdivision for the former Sewerage Treatment Plan at Kingscliff.  The settlement reached required Council to prepare a plan of subdivision (now Lot 2 in DP 1075645) correctly in accordance with the Deed of Call Option, and each party to pay their own costs.

20 June 2006
Gales submitted its Part 3A ‘State Significant Development’ application and district centre masterplan to the Director General, Department of Planning.

On 9 August 2006 Gales receives a response from the NSW Department of Planning stating that they do not support Gales Part 3A ‘State Significant Development’ application for the proposed sub-regional town centre for a number of reasons.

July 2006
In the NSW Court of Appeal Gales win against the Lobster Farm in the NSW Court of Appeal is overturned.

Minister for Planning & Anor Gales Holdings Pty Limited [2006] NSWCA 212 – The NSW Court of Appeal found that the granting of development consent to the Lobster Farm by the Minister was valid, and that the matter be remitted to the Land & Environment Court for another point of law to be determined (see decision of Talbot J in August 2006).

August 2006
On a second point of law argued in the Land and Environment Court, Talbot J found that the Minister's approval of the Lobster Farm was valid.  Gales does not succeeding in stopping the development of a large Lobster Farm in the Chinderah floodplain.

Gales Holdings Pty Ltd v Minister for Planning & Australian Bay Lobster Producers Pty Ltd [2006] NSWLEC 483 - In the Land and Environment Court, Talbot J found that the Minister’s approval of the Lobster Farm was valid (Gales had contested the Minister’s decision to approve the Lobster Farm development of Australian Bay Lobster Producers Pty Ltd).

9 August 2006
Gales receives a response from the NSW Department of Planning stating that they do not support Gales Part 3A ‘State Significant Development’ application for the proposed sub-regional town centre for a number of reasons.

1 August 2006 and 24 August 2006
Petition in favour of a new District Centre at Chinderah is delivered to the Administrators and Minister for Planning.

The petition containing 2,735 signatures calling for the repeal by Tweed Shire Council of its decision to prevent planning for a new District Centre at Chinderah, and in favour of the commencement of planning for that centre, was delivered to the Administrators (1/8/06) and to the Minister for Planning Mr Sartor (24/8/06).

18 August 2006
Council approves Gales plans for “Altona Drive”, creating a curved road from Tweed Shire Council’s new sewer plant west of Tweed Coast Road, across Crescent Street, to Tweed Coast Road.

September 2006
Talbot J determines that each party is to pay their own costs in regard to the SIS - Council is not awarded costs.

Gales Holdings Pty Limited v Tweed Shire Council [2006] NSWLEC 591 - In the Land and Environment Court, Talbot J determined that each party was to pay their own costs in respect of whether a Species Impact Statement was required for the development applications around Turnock Street (ie. Council was not awarded costs).

5 December 2006
Response recevied from the Minister for Planning in regard to the Chinderah District Centre petition.

Gales receives letter from Minister for Planning, Frank Sartor, regarding the petition supplied to him for the Tweed Coast District Centre at Chinderah.  The letter states that the land is not zoned for the proposed use and is inconsistent with the Draft North Coast Regional Strategy and Council’s Retail Strategy of September 2005.  The letter goes on to state:

“The subject land is identified for future employment lands, being predominantly commercial and industrial uses.  Should you decide to amend your proposal to a use consistent with the current zoning, the Department will be willing to meet with you to discuss any amended proposal.”

21 December 2006
The NSW Court of Appeal finds that Tweed Shire Council’s decision to rezone the former Sewerage Treatment Plant site at Chinderah to ‘Industrial’ is invalid.

Gales Holdings Pty Ltd v Minister for Infrastructure and Planning [2006] NSWCA 388 - The NSW Court of Appeal overturned the decision of Bignold J (November 2005), and found that Tweed Shire Council’s decision to rezone the former Sewerage Treatment Plant site at Chinderah to ‘Industrial’ is invalid.  The Court of Appeal found that the Council was bound, but failed, to take into consideration Core Economics’ final retail report (the retail report commissioned by Council).

Substantial costs for the LEC and Appeals cases were awarded to Gales.

Gales note:  The industrial zoning was voided, and Council plans concerning retail planning in the Shire apparently invalidated.  That will allow a properly conducted study and planning process for the highly recommended Chinderah centre.

22 December 2006
In the Land and Environment Court Gales succeeds in maintaining its objections regarding land valuations.

Gales Holdings Pty Ltd v Valuer General [2006] NSWLEC 798 - In the Land and Environment Court, Gales succeeds in maintaining its objections regarding the valuations of its land by the Valuer General.

The Court ordered that the Valuer General pay one-half of the Applicant’s costs incurred at the hearing.

24 March 2007
Dr Harry runs as an Independent in the NSW elections.

In NSW State Elections in March 2007, Gales Director Dr Harry Segal ran as in Independent in the 'Independents Day Group' for the NSW Upper House.  His purpose in nominating as an independent was "to make every effort to stop biassed groups, particularly the Greens, having excessive influence contrary to the best interests and employment-creation needs of the community". 

25 May 2007
Gales wins STP case in the High Court of Australia.

On 25 May 2007, the High Court of Australia dismissed Council's appeal regarding the rezoning of Council's former sewer treatment site (Council appealed the decision of the Supreme Court which found in Gales favour), and awarded costs to Gales.  For more information click here.

October 2007
Gales wins in the Land & Environment Court against Council's refusal to allow cattle to graze on Chindearh land (L&EC 10775 of 2007). 

On 16 October 2007 Gales succeeded in a Land & Environment Court appeal against Council's refusal to allow Gales to temporarily graze cattle on the former sewer treatment plant site at Chinderah, which Gales acquired from Council in 2005 and on which Gales proposes to build a district shopping centre.

"Gales win case against TSC - Segal warning as rezoning battle goes on", Daily News, 18 October 2007 - Article

November 2007
Council agrees to pay Gales $9000 for Supreme Court proceedings in relation to STP area 2c.

Council served a Notice on Gales that it would not decontaminate and remediate area 2c of the STP site at Chinderah.  The Deed of Call Option (January 2002) with Gales provided that Council must decontaminate and remediate this area unless to do so was prohibitive or impracticable. Gales was forced to dispute the Notice in the Supreme Court.  Council withdrew their Notice and Gales claimed costs. Council agreed to pay Gales $9000 for the Supreme Court proceedings.

23 November 2007
Gales wins in the Land & Environment Court against Council's condition to fence off trees in cattle gazing case (L&EC 10775 of 2007). 

  • Council required a condition of consent to cattle grazing that Gales fence off the trees along the western and northern boundary of the STP lot. Council claimed that the trees were an Endangered Ecological Community and they needed to be fenced to protect them from cattle grazing.
  • Council had previously (in 1999) entirely cleared and woodchipped and laser levelled about 12 ha of trees and vegetation to the east for a commercial Turf Farm, and in 2006 had totally cleared all the trees to the west, leaving a narrow sparse band of trees on the east side of Tweed Coast Road on the old STP site opposite Chinderah Golf Course. Council totally cleared and woodchipped all the vegetation on land in its ownership, but claims that cattle grazing (Gales did not propose removal of trees) was damaging and the trees required to be fenced.
  • Gales challenged council's condition. Gales was successful, and each side had to pay its own costs.
  • Several Court hearings were involved for case L&EC 10775 of 2007 with barristers and solicitors, and Council's experts from the Tweed attended Court in Sydney.

5 December 2007 - NSW Planning Minister The Hon Frank Sartor announces 'NSW Government to investigate West Kingscliff'
On 5 December 2007, the NSW Planning Minister Mr Sartor released a Media Release titled 'NSW Government to investigate West Kingscliff'. 

The Media Release states:

  • 'Planning Minister Frank Sartor has begun the process of listing the West Kingscliff site in the Tweed Shire local government area as State Significant.'
  • Mr Sartor said: 'The site has the potential to generate significant social, economic and environmental benefits for NSW'.

For a copy of the Media Release, please click here.

2009- Tweed Shire Council writes to the Minister for Planning to withdraw their request to consider Gales site as 'State Significant' 

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