Pete Evans-backed Nightcap on Minjungbul commune lots for sale
The company behind a proposed $39 million Tweed commune is advertising lots for sale and business opportunities despite their development application being rejected.
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The developers behind a $39 million multiple occupancies development have started advertising lots of land that include cafe and general store operations, despite their development being refused.
The Nightcap on Minjungbul development is for a rural land sharing community featuring 392 homes over 21 lots on a 1584.34ha of land on Kyogle Road at Mount Burrell.
The application was lodged by company NCV Enterprises, directed by Cherie Frances Stokes, 56.
The development has been promoted by controversial celebrity chef Pete Evans who has a “long-term commercial arrangement” with them and has starred in promotional videos.
Mr Evans did not respond to questions regarding if he still supported the development, however he still promotes it on his website.
The commune proposal was refused by the Northern Regional Planning Panel in August last year on the grounds it was not permissible under the Rural Development State Environment Planning Policy.
Co-owner of Yidaki Capital, a shareholder of NCV Enterprises, Mark McMurtrie, also known as Gunham Badi Jakamarra, said at the time the developers were looking into their right to appeal.
However, a Department of Planning and Environment spokeswoman this week said no appeal had been received.
She said the developer had 12 months to appeal from the date of the panel’s decision, which was August 18, 2021.
Despite the refusal in August, the company has continued to advertise lots of land for sale and more recently the opportunity to purchase a piece of land and operate a general store or cafe via commercial lease.
It is understood the general store and cafe have the relevant approvals for operation.
NCV Enterprises as of February 1 was advertising 1 hectare lots of land for $355,000, while operating the store or cafe with a block of land was advertised at $499,000.
It is unclear if the purchaser is buying the business or just the rights to operate it.
A Department of Customer Service spokesman said under the Conveyancing Act 1919 only whole parcels of land could be transferred unless planning approvals have been obtained to subdivide land.
He said a developer could however enter into a contract for the sale of land before a plan of subdivision had been finalised.
“This occurs when land is sold ‘off the plan’,” the spokesman said.
“An off-the-plan contract cannot be completed until the plan is approved and registered.
“Generally, these contracts include a ‘sunset clause’ that will allow the purchaser to get out of the contract if a plan has not been registered by a specified date.”
In a multiple occupancy agreement, multiple owners can own a share in a parcel of land, as tenants in common, and can sell their share to a buyer, or a company can own the land and sell shares in the company to people interested in the multiple occupancy arrangement.
NCV Enterprises and Pete Evans have been contacted for comment.
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