http://www.jewishnews.net.au/sydneys-north-dealt-bad-hand/22273
The North Shore Jewish community was dealt a cruel blow last week after a court ruled that properties across the region could not be rezoned due to a procedural error.
The decision by Justice Malcolm Craig, said Ku-ring-gai Town Centres Local Environmental Plan was not legally enforceable because of errors.
The decision has drastically downgraded the value of Masada College’s property in Lindfield and Chabad House of the North Shore’s three-hectare site in St Ives by millions of dollars.
At the time of going to press, neither of the organisations were sure of the exact ramifications of the plans.
“It is disappointing for Masada but it is early days yet and we still have to view any options that are open to us,” Masada president Trevor Lorge said.
Masada had planned to sell the Lindfield property and move the primary school to St Ives to consolidate the students on to one campus. “This could result in a substantial financial difference,” Lorge said. “Consolidation remains a desirable outcome but we need to understand the impact of the zoning.”
When the site was rezoned in May last year, Masada vice-president Steven Gross described it as a “watershed moment for the north shore Jewish community”.
He said that the rezoning would ensure the school had the financial capacity to facilitate the consolidation.
NSW Jewish Board of Deputies president Yair Miller said the decision was deeply disappointing.
“We hope that the State Government and Ku-ring-gai Council will act expeditiously to ensure that an appropriate solution is found.”
While Masada is hoping to sell its property, it is highly unlikely that Chabad House of North Shore would have done the same.
A spokesperson from the Chabad-Lubavich movement said the ramifications of the rezoning were unclear.
Chabad purchased a three-hectare, 40-bedroom conference centre in St Ives for $6 million last year and within a month the value of the property doubled after it was rezoned.
Ku-ring-gai councillor Tony Hall suggested both Chabad House of the North Shore and Masada could join in a class action against the State Government.
“All Masada’s plans to upgrade the school have gone down the gurgler,” Hall said.
A spokesperson for Hazzard said he did not have the authority to overturn a court decision but Ku-ring-gai mayor Ian Cross has confirmed that he will urgently meet with Hazzard to discuss the ramifications of the ruling.
