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Cambria Green launches challenge to planning commission

The proponents behind Cambria Green have launched a challenge to the Tasmanian Planning Commission’s decision on its resort project planned for Dolphin Sands, near Swansea.

Cambria Green homestead, part of a contentious $138 million development proposal on Tasmania’s East Coast. Picture: SUPPLIED
Cambria Green homestead, part of a contentious $138 million development proposal on Tasmania’s East Coast. Picture: SUPPLIED

THE latest chapter in a contentious $138 million development proposal on Tasmania’s East Coast has started to play out in the state’s Supreme Court.

Cambria Green Agriculture and Tourism Management Pty Ltd has launched a challenge to the Tasmanian Planning Commission’s decision on its resort project planned for Dolphin Sands, near Swansea.

Following a hearing in Hobart in August, the commission announced in November it could not hear a planning scheme amendment application because it was not satisfied landowners had given consent for the project.

In 2018, the Glamorgan Spring Bay Council had voted to amend planning rules to allow the project to go ahead.

Cambria Green’s bid for a judicial review of the commission’s decision was mentioned in the Supreme Court in Hobart yesterday.

Lawyer for the proponent Shaun McElwaine. At Tasmanian Planning Commission building, hearing to decide whether to allow planning amendment to give green light to Cambria Green development. Picture: RICHARD JUPE
Lawyer for the proponent Shaun McElwaine. At Tasmanian Planning Commission building, hearing to decide whether to allow planning amendment to give green light to Cambria Green development. Picture: RICHARD JUPE

Shaun McElwaine, the legal representative of project proponent Ronald Hu, told the court the proceedings were a “de novo” inquiry, which means to be heard afresh.

A number of documents were formally tendered to the court. The brief procedural hearing was heard in front of Associate Justice Stephen Holt.

“Having read those materials, I can indicate that I am satisfied that the points raised or proposed to be raised are arguable, that it’s not trivial, that the applicants have proper interest in bringing the proceeding,’’ he said.

The court heard parties involved in the Tasmanian Planning Commission process would be served with notice of the proceedings. In a 20-page decision, commission chair Ann Cunningham and delegate Peter Fischer said the commission did not have jurisdiction to determine the draft amendment for the land in question.

At the August hearing, Mr Hu, who is Cambria Agriculture and Tourism’s chief executive, was questioned over consent documents and said company owner Liu Keijing had signed documents on behalf of various landowners and had the authority to do so.

The 3000ha Cambria Green development proposal includes a series of villas, units, hotel rooms and other facilities, as well as a crematorium and medical service.

The matter was adjourned for a further mention at the Supreme Court in Hobart on March 16 at 10am.

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EARLIER:

THE proponents of the Cambria Green project near Swansea will head to the Supreme Court today in a bid to have the Tasmanian Planning Commission assess their project.

The civil case is due for mention in the Supreme Court in Launceston today.

The Tasmanian Planning Commission said in November it could not consider a planning scheme amendment for the Cambria Green project at Dolphin Sands, near Swansea, because it was not satisfied landowners had given consent.

The commission must sign off on changes to the Glamorgan Spring Bay interim planning scheme before Cambria Green Agriculture & Tourism can build its proposed $140 million mega-development, composed of a luxury hotel, 200 villas, a golf course, international conference centre/wedding venue and retirement and health facilities, including a crematorium.

The plan was approved by the Glamorgan Spring Bay Council early last year.

The project has faced intense backlash from some in the community.

cameron.whiteley@news.com.au

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Original URL: https://www.themercury.com.au/business/cambria-green-launches-challenge-to-planning-commission/news-story/4d12a1dc02502cb4a2124ce8453dcdec