A group of residents have mounted a legal challenge to an ecotourism development approved for Nerringillah Creek near Bendalong.
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Nerringillah Community Association spokesman Peter Winkler said the class four action against developer Cowman Stoddart Pty Ltd and the Shoalhaven City Council was lodged with the NSW Land and Environment court on July 4.
Council gave conditional approval to the ecotourism development at its January 30 meeting. There were 70 written submissions about the development – 69 against it.
Residents of Bendalong, Manyana and people further afield formed the Nerringillah Community Association.
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Mr Winkler said the land in question was zoned rural – RU2 – and tourist accommodation and function centres were not allowed.
The Nerringillah Community Association’s case argues the developer has “disguised this an eco-development”, he said.
“The objectors’ legal advice is there are some errors in law granting that approval,” Mr Winkler said.
“This is happening all over the state, where developers are using the guise of ecotourism in order to bypass planning or zoning restrictions.”
The eco lodge will comprise primitive camping for a maximum of 30 guests, toilets, showers and camp kitchen facilities, and parking for 36 vehicles.
Stage two of the development will include a 12-room bunkhouse with shared amenities, dining, kitchen and laundry facilities, an outdoor kitchen, lounge and deck, and a function room catering for up to 60 guests.
The developer specified that up to 18 functions would be held per year, with a prohibition of the use of amplified music on site.
The first mention of the case will be at the NSW Land and Environment Court, Sydney, on August 3.
