Nightcap Village is an idyllic dream for celebrity chef Pete Evans and other vendors of hopium who are selling residential lots in a proposed Tweed Valley land-share community... but for disenfranchised creditors left destitute by deception and betrayal, the venture is an ongoing nightmare!
|Nightcap promotor Pete Evans, selling residential lots without DA
Nightcap Development Application Refused... Again!
By 2016, more than twenty investors had provided over $2 million for purchase of property, paid to the trust account of the conveyancer, Mullumbimby lawyer Wroth Wall, without receiving the shared ownership of land and residential lots that had been promised.
Promotors selling residential lots had silenced warnings that multiple occupancy was not a permissible use of the advertised properties, as potential investors were told that development consent already existed, was assured, or would soon be approved.
Although the land-share venture began in 2014, no concept plan was filed with Tweed Shire Council until 2019. Between 2019-2021, Nightcap's DA application was rejected three times by Tweed Shire Council and referred to the Northern Regional Planning Panel (NRPP).
The current DA application, (DA21/0010), is for a "Concept Staged Development Application to create 10 interconnected Rural Land Sharing Communities and associated works with 392 Residential Lots"
The applicants / land owners involved are: Peter Van Lieshout, NCV Enterprises Pty Ltd, Dolph Cooke, Darko Kovac, Zimmer Land Pty Ltd and Kempcove Pty Ltd.
On 18 August 2021, the DA was rejected by the Northern Regional Planning Panel (NRPP) due to failure of permissibility.
Nightcap proposed concept
The panel determined to refuse the development application pursuant to section 4.16 of the Environmental Planning and Assessment Act 1979.
The NRPP has published reasons for unanimously refusing the Nightcap Village development application:
|Mingungbal squatters claim they are "true owners" of "Native Title"
The properties at 3220-3222 Kyogle Rd, Mt Burrell, that were purchased using original investors' trust funds without consideration, have been occupied since 2017 by Aboriginal rights activist Mark McMurtrie, self-identified as Gunham Badi Jakamarra.
Mark McMurtrie claims that "Native Title" to the estate has been gifted to a tribe of Mingungbal Islanders, who are now the "true owners". He falsely claims the venture was granted development consent in 2019 by NSW government as a "State Priority Project".
Litigation by angry creditors is ongoing, as residential lots and other interests in land continue to be sold without fulfilment of representations.
Nightcap Update Newsletter
In a Nightcap Update Newsletter on 19 August 2021, finance broker Derek Zillman said their little local shop is now selling pretty coloured things and the anonymous development team, not at all deterred by their fourth DA rejection, is ready for a fight!
Zillman promises investors who have purchased residential lots and other interests in the property that the prospective developers intend to appeal the NRPP decision in the Land and Environment Court, in hope that this "world leading" land-share venture would not be lost.
Derek Zillman, a major shareholder in NCV Enterprises, fails to mention that from 2016-2018, Tweed Shire Council fought the developers over their failure to respect development regulations. Council won in the Land and Environment Court, forcing investors, who had been encouraged by promotors to build unapproved residences on the property, to dismantle their dream homes.
|Unauthorised dream homes removed by Court order in 2018