Banyan Hill developers Intrapac have launched court action against Ballina Shire Council.
Banyan Hill developers Intrapac have launched court action against Ballina Shire Council.

100 homes, 400 jobs on hold at Ballina development

MORE than 100 homes and 400 jobs are on hold as a developer has launched court action against Ballina Shire Council over delays with a Cumbalum residential estate.

Intrapac has argued all stages of the Banyan Hill estate are being delayed for reasons unknown to the developer.

The development was approved last year after major changes were settled on as part of a separate court battle between the parties.

But Intrapac chief operating officer Max Shifman said they had "no choice" but to bring fresh action before the Land and Environment Court.

While the development application for the subdivision was approved, he said they were awaiting construction certificates to begin physical works.

Mr Shifman said more than 100 homes sites and 400 construction jobs were in limbo but he believed Intrapac had submitted all the information the council required.

One Banyan Hill landowner who hoped to build a long-term family home at Banyan Hill said he was facing renting in the Ballina area for a long period or changing his plans entirely.

"Intrapac tell me they've done everything they can," he said.

"Council pretty much told me the opposite, that they're still waiting for information.

"My wife's quite frustrated because we still don't have any idea how long it's going to be until we can build."

The council's director of planning and environmental health, Matthew Wood, said there were "some key steps and obligations that both council and the developer must address in the process for the release of the land for residential development".

"In the case of Banyan Hill, this includes the consideration and assessment of a number of reporting and design requirements specified by the development consent for the subdivision (granted by the NSW Land and Environment Court)," Mr Wood said.

He said Banyan Hill had "complex elements" that had been known to both parties "for some time".

He said the council was also working through several DAs as well as modifications received by the council in April and May this year.

"They have been exhibited to enable public comment and council has been working through the application assessment process," he said.

Mr Wood said he appreciated the time taken to resolve the matter "may be a cause for concern for future residents" but said the council was "committed to working with Intrapac to progress the resolution of the key issues".


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