Welcome to our Wooyung Defenders website
Facts that make this development entire inappropriate:
D88/0640 for the above mentioned Tourist Development was granted on
December 7, 1988 to Elm-N-Ash Pty Ltd, a Gold Coast based development
company. The original DA was not advertised and consent was granted
with no public consultation. Consent was hedged with 30 conditions
designed to minimise the ‘significant environmental impact‘
on the site. This consent was due to expire on December 22, 1990 if
project was not commenced.
1989: ICAC Inquiry into corruption in Tweed Shire Council reveals
payments made by Mr Peter Muller, Director of Elm-N-Ash Pty Ltd to
Tweed Shire Councillor.
- June 27, 1990: Land is released for sale at public auction after death of Mr Peter Muller
1990: Elm-N-Ash Pty Ltd applies for a 12 month extension to original
Consent claiming that economic and political circumstances have
‘prohibited commencement‘ to date.
16, 1991: Consent extension is rejected on grounds of new environmental
concerns regarding Acid-Sulphate soils present on the site and changes
in laws governing Artificial waterways and Excavations.
- 1991 – 2004 Property is sold at least 3 times
- August 2005 property is bought by JMS Capital Pty Ltd for approx.$5.5M AUS
8, 2005: New owner and property developer JMS Capital Pty Ltd attempt
to reactivate original 1988 development consent claiming commencement
had occurred in 1989. Alleged commencement was in the form of survey
work conducted after original approval was granted.
- March 22, 2006: Tweed Shire Council disputes activation of Consent and matter is referred to Land and Environment Court of NSW
14, 2006 Land and Environment Court receive testimony of Mr A.P. Hart,
surveyor from Aspect North Surveying testifying that although:records
have been lost or destroyed, survey pegs do not exist on site, survey
work was not remunerated and results were not lodged with the Land
Titles Register, he did conduct the alleged survey work.
29, 2006: Land and Environment court rule that the above mentioned
survey work constitutes a significant start and indicates commencement
of the project, ruling original 1988 Consent still valid.
2006: JMS Capital Pty Ltd applies for Amendment D88/0640.01 to the
original Consent, seeking permission to split approved stage of
development into 2, which will allow circumvention of original
conditions placed on the consent in 1988.