URGENT UPDATE: The NSW Land and Environment Court has officially dismissed the appeal for the controversial Rise Project development in South West Rocks. This decision was delivered by Commissioner Emma Washington on September 11, 2025, marking a significant victory for local environmental advocates.
The appeal sought to overturn the NSW Planning Panel‘s previous refusal of development stages two and three, but Commissioner Washington concluded that the proposal did not meet critical legal requirements. Specifically, the application failed to adequately address concerns related to stormwater and groundwater management, which could potentially impact the nearby wetland. As a result, the court could not consider an approval, leading to the dismissal of Development Application DA2300926.
Kempsey Shire Council’s Chief Executive Officer Andrew Meddle expressed relief at the ruling, stating, “This has been a complex and challenging process. We are pleased with the outcome and proud of the work that has brought us to this point.” He emphasized that the decision will be welcomed by many in the South West Rocks community who have raised concerns about the environmental implications of the Rise proposal.
Despite the dismissal, Meddle noted that the developer retains the right to appeal this decision. “Our goal is to ensure that future development outcomes respect the values and aspirations of the South West Rocks community,” he added.
The Rise development had previously commenced in early 2024 under an earlier approval from 1993, commonly referred to as a “zombie DA.” This approval, while still legally valid, was based on outdated planning controls. The current dismissal specifically affects the proposed stages two and three.
Moving forward, the council plans to continue advocating for planning reforms that would address legacy approvals and align future developments with modern standards and community expectations. The next steps in this ongoing saga remain uncertain, but local residents and environmentalists are hopeful that this decision marks a turning point in protecting the area’s natural resources.
For more information on the court’s decision, visit Rise South West Rocks Pty Ltd v Kempsey Shire Council – NSW Caselaw. Stay tuned for further updates as this story develops.
