Controversial Burns Point Rd West Ballina development returns

A property developer has promised to fight Ballina council in court, again, if it tries to zone land on Burns Point Road for conservation. Read about the revised plans for 148 homes at the site.

The West Ballina location of the proposed GemLife over-50s living development project.

A controversial development is back on the table for Burns Point Road, West Ballina, after it was shot down by the Land and Environment Court over concerns that urban development would have adverse impacts for “ecologically endangered communities”.

Ballina Shire Council put up a planning proposal for the land that would see it rezoned for environmental conservation if the lot demonstrated “high biodiversity value”, and then take the proposal to a gateway decision with the Department of Environment and Planning.

But a property developer is fighting to build on the lot. Adrian Puljich, director and CEO at GemLife, lobbied Ballina Shire councillors in opposition of zoning the land for conservation at the Thursday meeting (October 27) to “prosecute” his case to let the development go ahead.

The original multimillion-dollar development application to build 230 – originally 300 – manufactured homes at the lot, located on the western side of Burns Point Ferry was shot down by the courts in November 2021.

The Chief Judge of the Court, in refusing the application, found based on expert evidence, that the whole of the lot contains ecologically endangered communities.

The Judge concluded that urban development would have adverse impacts on these biodiversity values.

Despite this decision, the developers are back before council with an ostensibly more environmentally friendly angle.

Mr Puljich said the new plan would have 148 homes instead of the previous 230, and GemLife would revegetate and steward the remaining 85 per cent of the lot, 48 hectares.

The West Ballina location of the proposed GemLife over-50s living development project.

Mr Puljich said the housing would be “sustainable and long term accommodation” for seniors, and the development takes into account all the “contentions” during the court case.

“We believe this is a development site, it has development merits, it has not been black spotted, we are confident and comfortable of the position of our legal counsel and if need be we will re-prosecute at the appropriate time,” he said.

“However we hope that won’t be necessary and will be given every opportunity to go back to the community, seek their support, seek the support of council officers to deliver something that Ballina is in desperate need for.”

Councillor Rod Bruem moved to defer the decision to zone the Burns Point Road lot for conservation land to give the developer - because “the company is well within its rights” - to “have another go”.

“We’re in a housing crisis. This is something that will deliver (148 homes) targeted at a demographic that at the moment is one of those most at risk of homelessness,” Mr Bruem said.

“Of course they’re not going to be able to buy into GemLife, but there would be more housing in the shire if this went ahead.

“My key aim is to try and avoid conflict on this and further costs to all involved.”

But councillor Kiri Dicker noted there was no guarantee that wealthy retirees would not move in instead of the elderly in Ballina, and said council had already agreed to conserve the area.

“It was only a few meetings ago that we resolved to rezone this very large and important swath of endangered species habitat, not 80 per cent of it, but 100 per cent of it, and prevent future urban development as recommended by the Land and Environment Court,” she said.

Councillors voted unanimously to defer the matter for a gateway decision by the Department of Planning and Environment, and for council to receive another report on the proposed development.