Griffith Council approved a block of land in Harris Road, next to Collier & Miller, for a housing development in 2025, but building still can’t start. Photo: Oliver Jacques.
Almost a year after Griffith City Council approved a 10-townhouse development near the CBD, the project is still stuck in court – with the latest hearing pushing the matter back an additional four weeks.
Farmer and developer Lynda Franks returned to the NSW Land and Environment Court on Friday (25 September) hoping the latest round of soil testing would finally clear the way for construction.
Instead, Justice Richard Beasley stood the matter over after being told Griffith City Council needed more time to consider the latest report.
The latest testing has been peer reviewed by Professor Brent Davies, according to Ms Franks, who said neighbouring businesses Collier & Miller and ICI Industries had rejected the third round of testing.
The testing was commissioned after the businesses challenged the council’s November 2025 approval of the 10 planned two-bedroom townhouses at 10-12 Harris Road, alleging the council had failed to properly investigate possible soil contamination.
Ms Franks said she was frustrated after repeated testing had found no contamination.
She said the latest peer review had called for groundwater testing based on claims that a bus was parked on the property about 50 years ago.
Ms Franks also questioned the focus on possible contamination given Collier & Miller operates an industrial business handling oils and solvents.
“I am and have only been in the business of residential use of my property and I don’t trade in potential soil contaminants,” she said.
She said the continuing court process was preventing her from providing desperately needed housing in Griffith.
“Meanwhile, nurses have to complete 18-hour shifts and paramedics are turning down job contracts that they have won because Griffith does not have adequate housing supply,” she said.
She noted the delay was also costing Griffith ratepayers, given the council’s involvement in proceedings.
Ms Franks has previously said she would consider doubling the project to 20 one-bedroom units if she was forced to lodge a new development application (DA).
Concept plans of the development. Image: C4Architects.
The court challenge is focused on land quality, although Collier & Miller previously raised wider concerns with the council about the development, including industrial noise, traffic and the potential impact on its future operations.
The company said at the time it understood Griffith needed more housing but believed the site was the “wrong location”.
The land for the proposed project is zoned for mixed use, allowing both residential and industrial development.
Ms Franks has also pointed to what she claims is an irony in the contamination concerns, saying Collier & Miller employees previously lived in a house she owned on the same site for six years.
“Why weren’t they worried about contamination then?”
The longtime farmer said she hoped the latest testing would finally allow the development to proceed.
“If the council decides the soil report is OK, then I get my DA back and the matter is closed,” she said.
“I can get on with building my townhouses.”
The next hearing on the matter at the Land and Environment Court is scheduled for Friday, 23 October.
