Mossy Point community takes Council to Court over controversial subdivision
Mossy Forest Matters Association Inc has commenced proceedings in the NSW Land and Environment Court challenging Eurobodalla Shire Council’s approval of a 14-lot subdivision at Mossy Point.
The legal action challenges Council’s decision to approve Development Application DA0134/26 for land at the corner of Annetts Parade and George Bass Drive, Mossy Point. The application was approved on 30 June 2026, with development consent issued on 10 July 2026.
The proposed subdivision will result in the removal of approximately 76 per cent of the site’s native vegetation, including around 1.46 hectares of bushland providing important habitat for native wildlife, including the threatened Yellow-bellied Glider.
The Association’s challenge is a judicial review of Council’s decision. It asks the Court to examine whether Council acted lawfully and properly applied the planning legislation and environmental protections governing development in an Environmental Living (C4) zone.
At the heart of the challenge are important questions about whether the environmental attributes and established settlement pattern of Mossy Point were properly considered and protected in the approval process.
The Association is particularly concerned about the extent of vegetation removal, habitat fragmentation and whether adequate and enforceable arrangements were in place to ensure the long-term retention and management of vegetation identified as important to the site’s environmental character.
More than one development application
The implications of this case extend well beyond the boundaries of the proposed subdivision.
Environmental Living zones are intended to accommodate residential development while retaining the environmental attributes and natural character of an area. They are not simply residential zones where environmental protection becomes secondary to development potential.
The Association believes this case raises fundamental questions about how these planning provisions are interpreted and applied, and whether the environmental protections they are intended to provide are being upheld.
If the environmental values and established character of Environmental Living areas can be substantially compromised through development approvals, the purpose of these planning controls is placed at risk.
A community determined to protect Mossy Point
The proposed subdivision attracted 55 objections from local residents, and a Petition with 120 signatures tabled on 7 July reflecting widespread community concern about the loss of native vegetation, wildlife habitat and the natural character of this important gateway to Mossy Point.
Despite these concerns, Council proceeded with approval. The Association has now taken the significant step of seeking judicial scrutiny of that decision.
A spokesperson for Mossy Forest Matters Association Inc said: “We are not opposed to appropriate development. We are asking that development be lawful, properly assessed and consistent with the planning provisions designed to protect the environmental qualities that make Mossy Point such a special place.
This case is about more than one subdivision. It is about whether the environmental protections and planning controls intended to safeguard places like Mossy Point actually mean something when development applications are determined.
Our community has worked hard to make its concerns heard. We believe there are important questions about whether Council properly applied its planning obligations, and we are seeking an independent determination by the Court.
We owe it to our community and to future generations to ensure that these protections are upheld.”
The Association acknowledges the considerable community support and financial commitment required to pursue legal proceedings. It remains committed to protecting the environmental values of Mossy Point and ensuring that planning decisions are lawful, transparent and consistent with their stated environmental objectives.
Press release supplied