Cutting down koala trees, building on top of Indigenous cultural and burial sites and developing wetlands are concerns that have strengthened in the past 30 years with knowledge, science and understanding.
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Yet a development approved that long ago, under outdated regulations, will see a chunk of the South West Rocks beachfront wiped of bushland and replaced with 19 townhouses.
In 1993 an application for a residential development at Phillip Drive, South West Rocks, was approved.
The land changed hands and despite Kempsey Shire Council's attempts to enforce current planning and environmental regulations, the Land and Environment Court (LEC) gave the development the green light on March 22.
And all based on the drilling of a hole in the ground in 1994, which the court ruled constituted a "substantial start".
Concerned community members, councillors and local politicians are fighting to get the law changed to address 'Zombie DAs' such as this.
A "snap action" peaceful protest, organised by Voices of South West Rocks, was held on Monday, March 27, at the site.
Community members shared their concerns for the local environment and character of the town, while addressing the statewide issue of Zombie DAs.
Council's next steps
Kempsey Shire Council was issued a notice on March 22 by the NSW LEC to work with the developers, Rise Projects, to draft an agreed Construction Certificate by Wednesday, March 29, which will allow land clearing to begin.
Craig Milburn, Kempsey Shire Council General Manager, has praised the community for speaking out and says council is examining its options.
"Zombie DAs like this one, are an issue across the state and we would love to see the new government take action to address a situation where development can take place in 2023 under the rules, as they were, in 1993," said Mr Milburn.
"Under the terms of the judgment we have to deliver a Construction Certificate by Thursday and our staff are working on that. At the same time we are getting legal guidance on our options to challenge the decision."
Kempsey Mayor, Leo Hauville, who attended the protest, confirmed that Kempsey Shire Council is currently seeking updated legal advice on whether an appeal is possible.
"We're also looking at having to comply with the court order which says that we have to have a construction certificate ready to go on the 29th [March]," said Cr Hauville.
A change in law
Concerned community members and councillors of Kempsey Shire want to see changes in the law when it to comes to decades-old development applications - and fast.
The Nationals' new Member for Oxley, Michael Kemp, attended the protest just days after the state election on Saturday, March 25.
Mr Kemp says that, when confirmed as the local MP, he will take the issue to parliament to ask for a "substantial framework" around the legal terminology.
"I will be fighting to make sure that there is clear framework around [what is a] substantial start," he said.
"A court decision based on a single hole with a couple of samples of the ground, does not [constitute] a substantial start to a development application."
Mr Kemp understands why the 30-year-old DA is "not sitting well with the community".
"It's great to see that council has backed the community's concerns. Council fought this all the way to the court".
Rise Projects response
A statement released by Rise Projects says they have acted within what is allowed by the NSW planning system.
"Although this 1993 consent was upheld and found valid, Rise Projects will continue to approach Kempsey Shire Council with the hopes of working together to deliver the best possible environmental outcomes on the site".
Rise Projects say they have consulted with all levels of government and relevant stakeholders throughout the two year design process, and will continue to do so.
Director of Rise Projects, Daniel Pszczonka, says they will take into account the community's needs.
"We strive to deliver a design that is compliant with Kempsey Shire Council's Local Environmental Plan (LEP) and Development Control Plan (DCP) with consideration to the urban context, including the local environment, social and economic factors, and community needs," he said.
"Our goal is to create a development at South West Rocks that meets the housing needs of the local community and aligns with the North Coast regional plan".
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