TWEED Shire Council is seeking legal advice on illegal earthwork undertaken at Cobaki.
In a report presented to councillors on Tuesday night, the officers identified several parcels on land at Leda Developments' Cobaki Lakes site where "significant earthworks commenced" without the required approval.
The councillors voted unanimously to seek advice from the council's legal representatives to address these issues.
Councillor Katie Milne moved the recommendation to seek legal advice.
"There is a very clear recommendation from council staff to seek legal advice," Cr Milne said.
"I think it's very necessary that we need to follow up.
"The council staff had to work through a very complex maze in relation to these development approvals."
Councillor Warren Polglase said he received a letter from Leda only hours before Tuesday's meeting outlining problems that the developer had in dealing with the council.
"It (the letter) makes reference to certain comments where they thought they were ill done by," Cr Polglase said.
"They have a point of view that was not addressed in the report."
Cr Polglase said he was disappointed that the council was considering legal action.
"I'm very disappointed that it got to the stage of seeking legal advice," Cr Polglase said.
"We paid $15,000 for a memorandum of understand (with Leda) to be undertaken. I don't know what happened to it."
Councillor Gary Bagnall put a motion to the council for a workshop so he could get more information on the scale of the earthworks that was undertaken but it did not get support from other councillors.
According to the report to the council, the two areas of concern were at Northern Hill and the intersection of the proposed Cobaki Parkway South and Sandy Rd (known as the missing link).
"The "Missing Link" precinct contains the commencement of substantial lengths of roadway without prior Construction Certificate approval, affecting some environmentally sensitive parts of the site," the report stated.
The report stated that failure to undertake the necessary compliance in any situation may lead to the council having its powers mitigated by other authorities.
A Leda Developments' spokesman said the company did not want to comment on the council's decision at this time.