The Independent Planning Commission (IPC) and developers, Sealark Pty Ltd, entered into an agreement at a Land and Environment Court (Court) hearing in October, with the decision made by the Court on Wednesday, December 1.

First proposed in 2013, the development was the subject of a public hearing at Culburra in May 2021, where the Court heard submissions from residents about the Halloran Trust's revised plans for the development.

As part of the 2018 appeal proceedings, Sealark's proposal was significantly amended to from 650 to 293 homes.

The appeal was supported at Court and the development was approved.

Read more: Residents angered as fate of West Culburra Development may be decided in 'confidential hearing'

The decision outlines that prior to construction, Sealark must prepare a staging plan in consultation with the Shoalhaven City Council and must also engage with community members, including the Aboriginal community, affected landowners, schools and members of the oyster community.

The Court ordered that construction must not begin without community consultation that has been approved by council.

The Court also ordered that Sealark must appoint an environmental representative and that they must comply with the NSW Oyster Industry Sustainable Aquaculture Strategy and Healthy Estuaries for Healthy Oysters Guideline.

There must also be an Aboriginal Cultural Heritage Management Plan, prepared in collaboration with representatives of the Aboriginal community by a "suitably qualified and experienced person".

Read more: Local oyster farmer fears industry could suffer if West Culburra development approved

Lucy Robertson, who has lived in Culburra for over 15 years and is a member of the Culburra Residents and Ratepayers Action Group, called the decision an "absolute farce".

"We've had a few weeks to sort of get used to the idea of the development being approved," she said.

"We were all expecting it but I can't bring myself to read the decision yet."

Ms Robertson felt blindsided after she expected the Court would involve those who made submissions at the hearing in May to be included in the decision-making process.

"I think it's just another totally disingenuous play to try and keep the community out of it," she said.

Independent MLC Justin Field, who said it was "wrong for this proposal be decided behind closed doors" in October, labelled the approval as an "example of developer interests trumping community interest".

Mr Field believes the development will damage the natural environment and that the decision-making process lacked transparency with Traditional Owners.

"This will change the face of Culburra, destroy Aboriginal cultural heritage, clear coastal forest and cause polluting runoff into the Crookhaven River," he said.

"It is unnecessary over-development of a small coastal village in a fragile natural and cultural landscape.

"This process has lacked transparency and the community and Traditional Owners feel they have been ignored."

Ms Robertson said while the decision came as a "major blow", the community will still protest against the development.

"This decision is a major blow but it it's certainly not going to be the the end of it," she said.

"There'll be a lot more protesting to be done."

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