Lawyers have advised neighbours and other interested parties that an appeal has been filed in the Land and Environment Court by Nightcap Village, against the Regional Planning Panel's refusal of development application:
NCV Enterprises Pty Ltd v Tweed Shire Council
Matter No: 2022/00242095
Development Application DA21/0010 (DA)
The appeal was filed by NCV Enterprises on behalf of the landowners and applicants who made the development application: Peter Van Lieshout, Dolph Cooke, Darko Kovac, Zimmer Land Pty Ltd and Kempcove Pty Ltd.
Since the venture began in 2014, DA consent has been refused three times by Tweed Shire Council and finally also by the Northern Regional Planning Panel on 18 August 2021 due to "failure of permissibility".
The rejected DA seeks consent for a concept proposal comprising a staged rural land sharing community and associated works over 24 lots and Stage 1 civil infrastructure works to create 10 interconnected Rural Land Sharing Communities and associated works with 392 Residential Lots.
Despite refusal of development consent, promotors of the prospective Nightcap land-share development have been selling "Pre-DA Dwelling Sites" for more than eight years under various names, without fulfilment of marketing representations, resulting in 37 creditors currently seeking restitution in Qld Federal Court.
Pursuant to s34 of the Land and Environment Court Act 1979, Nightcap's application to contest Tweed Council's refusal to grant DA consent is listed for a confidential onsite conciliation conference at 322 Kyogle Rd, Mt Burrell, NSW, on 9 and 10 February 2023.
Read more: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!
Letter to Residents from Sparke Helmore, Lawyers for Tweed Shire Council