THE Tweed Shire Council has confirmed it will not join legal action against a new servo proposed to be built along Tweed Coast Rd as part of the Kings Forest development.

King Forest developer Leda is appealing a New South Wales Department of Planning and Environment decision to refused its latest modification of the major project, which included a proposed service centre and food outlets.

Mayor Katie Milne called for an extraordinary meeting on Tuesday calling on council to seek urgent legal advice as to whether it was possible to join in proceedings with the aim of defending council's decision to refuse the DA.

While Tuesday's meeting was held in confidence, Deputy Mayor Chris Cherry confirmed after wards council would not be joining the legal action.

"We decided not to join the Department of Planning but we sent a letter to them containing some of the things we think should be included,” Cr Cherry said.

But she said the letter contained a "much stronger submission” than the one already requested by the department.

Modifications to the original development plans consist of replacing the approved 2000sqm floor space for a rural supplies building and landscaping with a service station, including a shop with food outlets, car wash and dog wash facilities.

The Department of Planning rejected the modification last April, prompting Leda to submit an appeal in July.

Neighbouring resident Donna Smith told councillors during the community access meeting on Tuesday she was disappointed council had not sought to become involved earlier.

"We're just very disappointed that throughout the whole process we haven't had any assistance from council or that they have objected,” Ms Smith said.

"I don't know if council were aware of that appeal.”

Residents are concerned about the impact of the proposed development on surrounding wetlands, Cudgen Nature Reserve and traffic congestion.

A Leda spokesperson declined to comment. A final decision on the appeal is expected to be delivered by the Land and Environment Court on Monday.