UPDATE: The NSW Land and Environment Court has just dismissed an appeal regarding the controversial Rise Project development in South West Rocks. This significant decision, delivered by Commissioner Emma Washington on September 11, 2025, blocks the proposed stages two and three of the project, which had faced strong opposition from the local community.
The appeal sought to overturn the NSW Planning Panel’s prior refusal of the Development Application DA2300926. However, Commissioner Washington concluded that the application failed to meet critical legal requirements, particularly concerning stormwater and groundwater management, which could negatively impact the nearby wetland.
“This decision will be welcomed by many in the South West Rocks community who have voiced strong concerns about the environmental and planning implications of the Rise proposal,” stated Kempsey Shire Council Chief Executive Officer Andrew Meddle. He emphasized the complexity of the process and commended the efforts of the Council staff and legal team in achieving this outcome.
The Court’s ruling also highlights the ongoing tension between development interests and environmental protection in the region. The Rise Project had already commenced earlier this year under a 1993 approval, known as a “zombie DA” (DA2200404), which remains valid despite being based on outdated planning regulations. The refusal of the latest application means no further development can proceed at this time.
Looking ahead, Meddle noted that while the developer retains the right to appeal the Court’s decision, the Council remains committed to working collaboratively with both the developer and local residents. “Our goal is to ensure that future development outcomes respect the values and aspirations of the South West Rocks community,” he added.
The South West Rocks community has expressed relief at the decision, reflecting a broader concern about the balance between development and environmental sustainability. As developments in the area continue to unfold, the Council will advocate for planning reforms that address legacy approvals and ensure future projects align with contemporary standards.
The situation remains dynamic, and stakeholders are urged to stay informed about potential appeals from the developer and further actions from the Council. For ongoing updates, visit the official NSW Caselaw portal related to the Rise South West Rocks Pty Ltd v Kempsey Shire Council case.
