DA Goolawah

DA – Court Judgement

goolawahcoop DA Goolawah, Governance

Goolawah Co-operative Limited v Kempsey Shire Council [2022] NSWLEC 1498. 

Further to the DA update at the AGM and recorded in meeting minutes, our lawyer has advised the following. She attended the Land & Environment Court via telephone to take the judgment, which upheld our appeal and granted a new development consent that day.

The judgment has been published, together with the agreed conditions, which constitute the formal granting of consent. We are now free to proceed under that consent, as if it were a consent issued by a Council.

Below are firstly, the Court’s Notice of Orders, together with the approved conditions of consent, and secondly, the complete judgment of Goolawah Co-operative Limited v Kempsey Shire Council [2022] NSWLEC 1498. 

The judgment, together with the conditions, now operate as our DA development consent.

Our lawyer added Congratulations!

Results letter Notice of orders made

Goolawah Co-operative Limited v Kempsey Shire Council [2022] NSWLEC 1498

Co-op DA Amendment

goolawahcoop DA Goolawah

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.

Co-op DA Amendment

goolawahcoop DA Goolawah, Governance

Below are recent documents prepared by our lawyer Hones, consultant town planner Geraldine Haig (GEM) and consultant traffic engineer Craig McLaren, which were presented to Council at our 24 Nov 2021 zoom conference.

In addition, the original Hones letter of advice from last year, which guided our course of action.

Hones Letter of Advice – 10 Nov 2020

GEM Ltr Modn Cond 4 T6-02-109 for pre lodge

McLaren App A Traffic Impact Asst Mod T6-02-109 McLaren

Hones covering letter to modif applic – 23.11.21

 

DA Roads Pre-Lodgement Meeting

goolawahcoop DA Goolawah, Governance

Last Wednesday (24 Nov), Andrew, Craig, Peter, Wayne, our Town Planner and Traffic Consultant met with Council via video conference to discuss our proposed amendments to DA Consent Conditions regarding our access roads.

The aim was to informally gauge initial Council reaction and get any feedback, before formal lodgement with Council to follow.

As a result of the meeting we are currently working with our legal team on revising the amendments, and should be able to lodge the documents as anticipated in early December. They will be posted here once we have final versions.

Meantime, if you would like to know more details please contact a member who attended the meeting.

Our DA & Roads

goolawahcoop DA Goolawah, Governance

Not a fun subject, but it involves lots of our money!

The original Development Application for the Co-op was approved with Consent Conditions, which required that upgrades and maintenance of our access roads, including sealing of Nevertire Road, be undertaken and financed by the Co-op.

We tried unsuccessfully in 2016 to convince Council that this was overkill.

Since last year lawyers and other consultants have been helping to prepare our case again to challenge those Conditions, amend them, and avoid unnecessary and expensive road building at our cost.

Progress of these consultations has been regularly reported to members, who have supported them. As subsequent actions with Council will commence shortly, it’s an opportunity for members to bring themselves up to date and ask any questions.

Denise has prepared an excellent summary (in the previous post below), which everybody is encouraged to read closely, as this is the big issue for the Co-op’s future.

You can also come along with your questions to the first part of the Directors meeting next Saturday (it won’t be considered rude if you leave after that).