Nightcap Village co-owner says development refusal won’t end the project

A co-owner of the company behind the proposed 392-home Nightcap Village has responded to an independent panel’s decision to refuse the development.

Mark McMurtrie, AKA Gunham Badi Jakamarra, and Adrian Brennock feature in a Youtube video promoting the proposed Nightcap on Minjungbul community.

The refusal of a $39 million rural land sharing community in Tweed’s hinterland is not the end of the project, according one of its co-owners.

A proposal to build 392 homes on 1584.34ha of land on Kyogle Road at Mount Burrell went before the Northern Regional Planning Panel on Wednesday where it was refused on the grounds it was not permissible under the Rural Development State Environmental Planning Policy.

Tweed Shire Council also previously stated it would not approve the project on similar grounds.

The Nightcap on Minjungbul project team also has a “long term commercial arrangement” with controversial chef Pete Evans who promotes the development on his website.

Pete Evans showcases Nightcap on Minjungbul.

Co-owner of a company behind development, Mark McMurtrie, also known as Gunham Badi Jakamarra, said the refusal of stage one was not the end for the project.

Australian Securities and Investments Commission records list Mr McMurtrie as a director of Yidaki Capital, which is listed as a shareholder in NCV Enterprises, which is the company that lodged the development application with the council in January 2021.

“We are happy with the panel’s decision,” Mr McMurtrie said.

“But that is not the end of the matter.”

A spokesperson from Nightcap Village Enterprises said the determination by the panel was “disappointing” but “anticipated” just before it was determined.

“This is far from final,” the spokesperson said.

“We are investigating our options moving forward including our right to appeal the decision through the courts.

“The point of permissibility was one which had been clarified and supported by Senior Legal Counsel ahead of lodgement and through the assessment process.

“The leading case referred to in council’s legal advice to refuse the application was actually won by our legal representative.”

The spokesperson said while they continue to investigate our rights of appeal, they would also weighing up additional options and planning pathways and would keep the local community and council informed as these develop.

“We still believe in the development of the site, particularly in the low impact, sustainable and natural form proposed.

“We will continue to strive for ‘world leading’ rural land sharing communities as these best reflect our supporting community and their desires.

“As was articulated by our consultant team, this development can assist the protection, rehabilitation, appreciation and management of the site and bolster the social infrastructure for the region, that in the absence of Nightcap may be lost.”