Vote tonight on keeping site bookmarked for school
COUNCILLORS will vote tonight on whether to continue fighting to keep land in Pottsville dedicated for a future school.
According to Tweed Shire Council documents, the Seabreeze Estate residential development had a potential school site pegged since early conception stages in 2000.
However School Infrastructure NSW declined to purchase the site.
The council document claims despite two offers from independent schools and another offer from a non-government educational provider, the developer turned the sales down as "they were seeking an offer based on the residential development potential".
In an effort to make the developer keep their commitment to a school site, the council submitted a planning proposal to the State Government to re-zone the land as SP2 Infrastructure - School.
This would mean the land could not be sold off as residential lots, ensuring it would be used as a school.
In March this year, the Department of Primary Industry and Environment issued a Gateway Determination ruling against the council on the fact schools could be permitted in the existing R2 Low Density Residential zoning of the site.
The council did not ask for a review of the Gateway Determination within the allowed 42-day period and the motion before the council relates to seeking an exemption to challenge the decision.
The council has already spent $412,000 in legal fees on this issue prompting tonight's meeting's vote on whether to pursue the matter.
The recommended action from the council's staff was to vote to seek legal advice on the likelihood of a successful Gateway review as well as looking of advice on an alternative legal approach or pathway that the council could pursue.
If passed, the information would be put in a report.