DA Legal Advice 1

Notice to the community of seeking Legal Advice re Goolawah’s DA consent conditions of access.

As of 1 May 2020 Goolawah is in breach of its DA in respect to condition 4a timeframes for completion of Nevertire Road stage 1 sealing upgrade. Therefore the directors feel obligated to understand our position should Kempsey Shire Council (KSC) take legal action against the Co-op.  

A position paper (below) sets out opportunities for the Co-op to defend its position and also to amend the DA conditions of access imposed on us to seal Nevertire Road. The paper will be posted on the notice board at the Camp Kitchen.

The cost of advice in comparison to the cost of sealing Nevertire Road or even removing onerous conditions, such as maintaining Illa Langi road in perpetuity, is considered modest, but it is also considered diligent to be prepared for any legal action by KSC.

Hence the board has agreed to accept the cost of $750 from Hones Lawyers for their initial consultation. They had the lowest cost of three legal firms approached for costs of service.

If there is a need to proceed from the initial consultation we will put this to the community before any action is undertaken.

If you have any questions please speak with any of the directors or call or email goolawah.secretary@gmail.com who will direct the query to the board.

– Goolawah Co-op Board

DA conditions response – position paper

 

 

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