Nightcap Nightmare Blog: 12/05/22

December 05, 2022

Nightcap Village Appeals Denial of Development Approval

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 Dreamers or Deceivers?
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

Determination of Rejection and Statement of Reasons, Northern Regional Planning Panel, 2021

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Freedom of Speech - Denied

Google Corp has summarily removed ten posts from Nightcap Nightmare Blog, in response to a request by Rose Litigation's lawyer Billy Fitzgerald, who represents the sovereignty activists running the Nightcap venture discussed in this blog.

Although the censored posts do not name Mr Fitzgerald's clients, the offending posts have been censored because they supposedly violate injunctions imposed by NSW Supreme Court on the co-author and editor, Gi Linda, who is prohibited from imputing felony to Mr Fitzgerald's clients.

The injunctions are based on a 2020 Supreme Court decision by Fagan J that although more than twenty investors lost life savings amounting to over $2.5 million after they provided equity, loans and purchase money for land in 2014-16, receiving nothing in return, this represents incompetence by Mr Fitzgerald's clients, not fraudulent deception.

Nightcap Nightmare Book in Progress

Nightcap Nightmare is a book in progress, compiled by those ensnared in a land-share community at Mt Burrell, NSW. Compiled by Gi Linda, the book spotlights a communitarian venture run by sovereignty activists who are selling "tribal title" to dwelling sites without development approval, on properties taken from those who paid for the land. It tells how shareholder deals were made with neighbouring landowner Peter van Lieshout, brother of billionaire developer John van Lieshout, before revealing plans to extend aboriginal sovereignty claims across the nation.

The land-share scheme began in 2014 as an intentional community called "Bhula Bhula Village Community," promoted by Mark Darwin through Truthology and Freedom Summits. When the sovereignty activists seized control of the properties, more than twenty families lost life savings totalling over $2.5 million.

Nightcap Nightmare is a compelling true account of the resilience of a group of angry creditors and their quest for truth and justice on the tilted stages of Australian Courts.

Dancing on a Tilted Stage

"Many people ask me how, for seven years, can this mob continue selling homesites with no DA on property they don't own, where multiple occupancy is not permitted, without fulfilling marketing promises? Where is justice?

It is my experience that their false narratives established errors of fact before NSW Supreme Court of Defamation, resulting in misapplication of law and imposition of gag orders.

This interferes with the true exercise of justice and advances dominant commercial interests under colour of law by constraining legitimate freedom of discussion on matters of public concern.

If dominant political and financial interests are also allowed to profit with impunity by summary imposition of draconian censorship by Google Corp, this effectively subverts Constitutional protections over the right to public discourse and due process." Gi Linda

December 05, 2022

Nightcap Village Appeals Denial of Development Approval

Marketing Hopium

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