Terranora Village Estate 110 lot development appeal dismissed in Land and Environment Court

The developers behind the Terranora Village Estate faced off with council during a four-day hearing at the Land and Environment Court.

An application to add four houses and move a block of open space in a housing estate has been dismissed.

Horseshoe Properties and Tweed Shire Council went before the Land and Environment Court over a modification application to the previously approved Terranora Village Estate in a four-day hearing in June.

Horseshoe Properties and its subsidiaries are run by Matthew Karl Robinson and Simone Maree Robinson of Gleneagle, Scenic Rim.

The applicants sought to add four houses to the approved 101 housing estate and move a block of communal open space off Henry Lawson Drive.

The application was refused by the council as it was deemed significantly different from the original proposal.

Council had already approved five additional houses on the estate.

Key issues brought up in the hearing before Acting Commissioner Philip Clay included the stability of the land and the likeliness of landslides and whether or not it was appropriate for additional houses to be built there.

However the main point of argument was around the proposed new block of open space, which was to be dedicated to the council.

The applicant argued the new lot for the open space was the same in terms of size - 5.331 hectares - and was an improved lot as it would have embellishments, including parks and therefore be useable.

However the council argued the new lot was zoned in an area with a minimum of 40 hectares for open space and was on flat land more prone to flooding.

Commissioner Clay did not agree with the applicant’s proposal for an “improved” lot as the council would have accepted the original lot of open space knowing its topography and usability.

For these reasons he found the application was not substantially the same and dismissed the appeal, deeming the application refused.