Cambria Green mega resort plans could win chance to be sent back to commission for planning approval

The controversial Chinese-backed Cambria Green mega resort development has inched closer to getting the tick of approval following a Supreme Court of Tasmania win today. LATEST >>

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UPDATE, DECEMBER 3:

THE controversial Chinese-backed Cambria Green development has inched closer to getting the green light following a Supreme Court of Tasmania win.

On Thursday, Justice Stephen Estcourt quashed a decision by the Tasmanian Planning Commission (TPC) not to consider an application concerning the rezoning of land near Swansea, which would make way for the $138 million, 3000ha development.

Cambria Green homestead. Picture: SUPPLIED

That refusal, which came in November when the TPC found it wasn’t satisfied landowners had given consent in writing, effectively roadblocked the development.

But Justice Estcourt has now unblocked Cambria Green’s pathway to approval by finding chief executive Ronald Hu acted as agent for each of the landowners, and therefore their consent had been given.

The judge remitted the application back to the TPC, albeit with a differently-constituted panel.

He said Mr Hu, whose evidence had previously been described as “untruthful”, “misleading” and “not credible” by the TPC, had since had his veracity vindicated by unchallenged evidence, so it would be unfair to have the same commission members consider his case when it was returned.

However, he also ruled that Cambria Green and its co-applicants pay the Attorney-General’s legal costs, finding they ought to have been aware the issue of landowner consent would have been raised before the TPC.

The Cambria Green development plans at Dolphin Sands include a luxury hotel, 200 villas, a golf course, a conference centre, plus retirement facilities with a crematorium.

The plans were given approval by the Glamorgan Spring Bay council in 2018, which voted to amend planning rules to green-light the project.

The project can only go ahead if the commission signs off on the changes to the council’s interim planning scheme.

During a hearing on Monday, Cambria Green’s lawyer Shaun McElwaine explained his clients couldn’t simply begin again with a fresh application because they were “racing against the clock” before changes were implemented to the state’s planning scheme.

Cambria Green resort project at Dolphin Sands. Aerial view of the site.

INITIAL REPORT, NOVEMBER 30:

A DECISION will be handed down within days that could give the proponents behind Cambria Green – a massive Chinese-backed resort planned near Swansea – another shot at winning planning approval.

On Monday, Supreme Court judge Stephen Estcourt said he would soon announce whether the controversial $138 million, 3000ha Cambria Green development would be returned to the Tasmanian Planning Commission.

In November last year, the commission said it couldn’t consider a planning scheme amendment application because it wasn’t satisfied landowners had given consent.

That refusal effectively roadblocked the development, which can only proceed once the commission signs off on changes to the Glamorgan Spring Bay interim planning scheme.

It came after the council had previously voted in 2018 to amend planning rules in order to green-light the project.

The Cambria Green plans include a luxury hotel, 200 villas, a golf course, a conference centre, plus retirement facilities with a crematorium.

On Monday, Shaun McElwaine – lawyer for Cambria Green proponent Ronald Hu – said the commission had made an error by determining it had no jurisdiction to hear the application after finding difficulty with Mr Hu’s oral evidence.

At the time, the commission described Mr Hu’s evidence as “defensive” and “evasive”.

When asked why his clients couldn’t instead begin again with a fresh application, Mr McElwaine said they were “racing against the clock” before changes were implemented to the state’s planning scheme, which would present a “completely different ball game”.

He said if the matter was returned before the commission, it would need to be reconstituted with different members.

Meanwhile, the Tasmanian Conservation Trust (TCT) has referred the project to the Foreign Investment Review Board over concerns about ownership and previous sales of land.

The TCT is fearful that Major Projects legislation will be used to fast-track projects like Cambria Green, but Planning Minister Roger Jaensch previously said the laws would not be used for planning scheme amendments.

Justice Estcourt said on Monday he would deliver his decision within days.

Views of Freycinet Peninsula from part of development site.

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