Council doubles down on development in
C4 zoned land at Mossy Point
By Nina Shatifan
Development can now go ahead on the controversial 14 lot Annetts Parade subdivision that will clear over 70% of high-value native vegetation on environmentally protected land.
The motion to overturn last week’s approval was narrowly defeated 5-4 following an intensive debate, with the Mayor casting the deciding vote before a packed public gallery.
Those in favour of the development included Councillors Phil Constable, Amber Schultz, Laurence Babington and Mayor Mathew Hatcher. Those seeking to rescind approval included Councillors Anthony Mayne, Mick Johnson, Sharon Winslade, and Colleen Turner. Councillor Rob Pollock was not present and Councillor Babington did not speak throughout the debate.
The motion’s supporters made it clear they did not want to stop development but wanted to work with the developers to get an outcome in line with C4 environmental protections and Council’s own policies.
They argued the DA should have included an updated traffic plan in light of a major development approved for Oaks Ranch nearby and an independent updated comprehensive environmental assessment that considered serious and irreversible impacts. The Director of Planning and Environment, Gary Bruce, said these were not part of Council requirements for the development application.
Under questioning from Councillor Sharon Winslade, Council General Manager Mark Ferguson rejected the need for further assessments. “I think the staff—the urban planners have assessed it, so have the environmental planners, so have our traffic engineers, so has the Director—and on that basis, they have formulated a position,” Mr. Ferguson told the meeting.
Cr Mayne warned that this decision signals to developers across NSW that long-term ecological protections can be bypassed so long as an application satisfies basic administrative checklists.
Given the lack of case law, he urged Council to get legal clarity from the NSW Land and Environment Court on “lot averaging” and the true purpose of C4 environmental zoning. This could guide Council’s interpretation and decision making. Moruya Mail understands that the developer had lodged a case in the Court in June and a directions hearing was taking place today (Wednesday 8 July.
In an interview on local ABC radio this morning, Mayor Mathew Hatcher explained his decision to reject the motion. He said was satisfied the development conformed with planning requirements and administrative checks. He rejected that this decision sets a dangerous precedent, while acknowledging that if necessary Council could learn from this experience to improve the planning system with the community.
However, the Mayor took aim at community groups and residents supporting the rescission motion. He referred to them being an “echo chamber”, fuelled by emotion and spreading incorrect information derived from AI. He went on to suggest that online hate and bullying tactics, have intimidated supporters of the development from speaking out publicly.
During the public forum, former Mayor Pamela Green tabled a petition with 120 signatures supporting the rescission motion. Community advocates remain frustrated by what they call a rigid “bureaucratic blindspot.”
Rev Linda Chapman said, “By treating an irreplaceable, critical coastal wildlife corridor merely as a series of compliance boxes to be checked, the council has abdicated its broader duty of public stewardship and care to local biodiversity.”
Rev. Chapman warns that “this development is not just a local planning dispute, but a stark warning of how easily bureaucratic processes can be used to override the spirit of environmental law.”
Reflecting on the broader implications of the decision, she said, “The Council’s responsibility is not a rubber-stamping exercise but rather to show leadership in finding positive long-term win-win solutions that benefit the whole community.”
Community advocates and local neighbours are already actively exploring avenues to challenge and overturn the approval.