A showdown is looming for a group of elderly residents refusing to be evicted from their aged care facility in northern New South Wales.
Feros Care has set a June 23 deadline for closing its aged care village in Byron Bay.
Feros made the shock announcement in February that it was closing the village as it was unable to meet the complex regulations required under law for aged care at that facility.
The facility has a licence to continue operating in its current state until May next year.
The Department of Planning and Environment has said any plans to redevelop the site would have to be approved by Crown Lands.
Fight continues
The lawyer representing the residents who remain living in the village said Feros Care might not have a legal right to execute its plans.
Mark Swivel, who also sits on Byron Shire Council, said this point seemed to have been overlooked by Feros Care.
"There's no permission that's been granted by the state government for the place to close in terms of its use as a piece of Crown Land," he said.
Mr Swivel said he would keep fighting for the village to remain open.
"In the middle of a housing crisis, when we need more aged care beds, those buildings are likely to stand there empty for a year, maybe two, maybe longer," Mr Swivel said.
"And how that is a situation that anyone can tolerate in the community, in government, I don't know."
He said Feros Care should step aside and give another provider the opportunity to run the village, which was built using $180,000 raised from the community more than 20 years ago by the late George Feros.
Chief executive Karen Crouch said there were plans to develop alternative seniors accommodation on the crown-land site.
Ms Crouch said right now the focus was helping the residents find somewhere to live.
"Across the region, there are ample homes available and we will help the residents to explore those and to work out what's best for their future needs," she said.
Ms Crouch said she understood there were passionate "defenders" resisting the move.
"We need to try to understand more and more about their personal situation, so we can really help them to find their next home because the village is closing," Ms Crouch said.
She said the village could not close until everyone had "suitable accommodation that can meet their future care needs".
Residents staying put
Kate Smorty, aged 95, is one of the residents refusing to move out.
Ms Smorty said she would not "give in to the bullies".
"I would be prepared to sacrifice and move away if it was for some good cause, some greater good that would benefit thousands of people now and in the future," she said.
"But just for no reason, no reason at all, they are asking us to move. I don't agree with that. It's not good enough."
Another resident who moved into the village just weeks before its closure was announced has filed a claim for damages with the NSW Civil and Administrative Tribunal.
