The Co-op team (Wayne S, Craig, Peter O, Julica & Andrew) had a telephone conference with Hones Lawyers on 22 Feb following expiry of the required period for Council to respond to our latest DA amendment request (s4.55 application). 

As explained previously, our next step is file an appeal with the Land & Environment Court for commencement of Class 1 proceedings against Council. 

However the lawyers suggested that we try a final approach via our town planner Geraldine to see if Council had shifted its position regarding the amendment, which was agreed, thus effectively extending the response period by a month. An appeal filing date of 22 March 2022 was set if there was no progress or response from Council.

Meantime Hones were to prepare a new cost agreement for their services in future litigation work, as the current agreement only covered legal advice & project management so far. And they would provide more detail on what is required leading up to a court hearing.

Geraldine had also advised that she would not be involved in the matter if court proceedings are required, so Hones would engage another town planner for this task.

After lodgement of an appeal it will take three weeks for a ‘directions hearing’ to be set by the court, and then an s34 conciliation conference probably in May or June, so we will have that time to again consider our planned next steps. Earlier discussion with our Lawyers suggested we could meet with Council any time after appeal lodgement.

A contested court hearing, involving barristers, would only occur if the conciliation conference failed.

Further advice from the lawyers this week is that following Geraldine’s approach Council has not indicated any response to our amendment, so that the 22 March court appeal filing will proceed.

If you have any questions, please contact Wayne or other DA team members.