Huge court win for Jill Walker

LOCAL activist Jill Walker’s challenge against NSW Planning Minister Frank Sartor over the development of a retirement village and residential lots on Sandon Point in Bulli has been upheld in the Lands and Environment Court.

Judge Peter Biscoe ruled last week that the Mr Sartor had not considered the possible effects of flooding, as exacerbated by climate change, on the development when the concept plan was approved late last year - and declared the approval and plans to go ahead with development void.

For those planning to develop the site, Anglican Retirement Villages and Stockland, the ruling means they will have to get the concept plans for the development re-done and approved again by the Minister before they are free to go ahead.

There is also a chance the Minister will appeal against the decision, but he has only 28 days from the ruling to do so.

According to Environmental Defenders Office Lawyer Josie Walker (no relation to Jill Walker), who represented Jill Walker, the risk of flooding may have been what won the challenge, but it wasn’t the issue focused on in court.

She said issues surrounding a supposed failure to take into account endangered plants and inconclusive evidence about the exact location of a sacred Aboriginal site in the area were more prevalent in court than flood risks.

Jill Walker said while the win is a positive step, the fight to ‘Save Sandon Point’ is by no means over.

However, celebrations were still in order for many following the court ruling – with a party in the planning for activists and supporters of the cause.

“We’re pretty stoked,” Ms Walker said.

“We’re going to have a party-we haven’t arranged it yet but we will.”

Of the three challenges Ms Walker put up against the Minister, two findings and recommendations in a 2003 report of a Commission of Inquiry into Sandon Point were taken into account by Mr Sartor.

It was also found that the Minister deferred essential matters for later consideration.

“The Sandon Point Commission of Inquiry vindicated the community’s fight to protect this sensitive land, and now Judge Biscoe has agreed,” Mrs Walker said.