Twin Towns’ $20m Banora Point retail development appeal dismissed in the Land and Environment Court

The court heard the proposal, which would have seen a playground and bowling greens removed, lacked “a well-designed masterplan” and would have had no “sense of place”.

An appeal by Twin Towns for a $20 million retail development at their Club Banora site has been dismissed in the Land and Environment Court.

A shopping centre development at Banora Point which would have seen a playground and bowling greens removed has been refused in the Land and Environment Court.

Twin Towns Services Club and Tweed Shire Council faced a four-day hearing earlier this month after council refused development plans for a subdivision of two lots and construction of two supermarkets and retail spaces at Club Banora on Leisure Drive worth $20 million.

The decision to refuse the development was made on Monday by commissioner Susan O‘Neill.

The proposal would have seen the existing bowling greens and children’s playground removed and replaced with spaces for a large and small supermarket and retail shops along with a click-and-collect loading dock and 327 parking spaces.

If the proposal had been granted, the applicant would have constructed a new playground and an undercover bowls area.

A court has refused a retail development at the Club Banora site. Picture by Scott Fletcher

The court heard the council refused the development on the grounds there was no proven demand for more retail space at the Banora Shopping Village.

That shopping centre would have been expanded under the proposed development.

The council also argued the assumed population growth for the area was unrealistic, the proposal lacked a well-designed masterplan, it was not of public interest and the provided acoustics report was inadequate.

In her decision Commissioner O’Neill disagreed with the council’s economic expert, Peter Leyshon, who said the main trade area would be oversupplied with supermarkets by 2026 if the retail proposal was approved.

Commissioner O’Neill cited an estimated population growth rate of 1.1 per cent yearly within the main trade area, namely Banora Point, Terranora and Tweed Heads South and associated growth in spending.

She agreed the site analysis had not identified physical, environmental and philosophical constraints and opportunities for a retail facility on the site, saying the analysis should have included the footprint of the Banora Shopping Village and its associated car and pedestrian routes.

She also agreed with the council’s urban design expert Karla Castellanos that the proposal did not represent connected public and landscaped spaces and instead “two big boxes dispersed among vast uncontained areas of carparking”.

Plans for a $20 million development by Twin Towns at their Club Banora site has been refused.

“The retail proposal lacks a sense of place and the pedestrian network is not legible,” she said.

“I am satisfied that the council’s contention – that the retail proposal lacks a well-designed masterplan and its absence leads to poor built form relationships, a car dominated environment and a non-existent sense of place – is made out.”

On the grounds the proposal was inconsistent with design and planning principles set out for the site the appeal was dismissed and the development was refused.

Twin Towns CEO Rob Smith said they would now be taking time to fully assess the reasons for the dismissal.

Twin Towns CEO Rob Smith.

“Our initial assessment is that our application was supported in a number of areas but was found not to satisfy the development control plan in others,” Mr Smith said.

“We will take guidance from both sides of the decision and address those areas of concern before putting the application back before council when ready.

“We hope to be able to sit with the council planners throughout this process and collaborate on an outcome that achieves a development we can both support and bring to realisation.”

He said the club began this application process in 2008 and was successful in having the land rezoned for retail development in 2015, with the council’s support.

“The process now is about bringing the value of that rezoning to the members of Twin Towns in a way that the council and the broader community can support,” Mr Smith said.

“We will continue to work towards this outcome now we have the guidance of the court and their interpretation of the relevant parts of the town plan.”