2022-12-12 General Committee Meeting Agenda

GENERAL COMMITTEE MEETING AGENDA                                                    12 DECEMBER 2022




                                  Figure 3 – Latest satellite imagery of the site

During the course of the appeal, Council’s solicitor advised that Council’s prospects are not strong
and that the appeal would likely be allowed, if the matter went to a hearing. Council’s planning
solicitor noted the following the following factors may hinder Council's prospects in the appeal:
•     The State does not consider the existing jetty as constructed creates a safety hazard;
•     The time between the construction of the jetty and compliance action being taken (being
      around 27 years);
•     The assertion that the non-compliant jetty was inspected post construction and approved by
      Council -27 years ago;
•     The fact that both properties are no longer owned by the people who constructed the jetty;
It has also been asserted by the applicant’s planning solicitor that:
1.    in issuing its final inspection approval of the enlarged jetty, Council approved the initial
      application for the jetty (as varied);
2.    therefore the approval has been completed and there is no non-compliance to be actioned.
Council’s planning solicitor further advises the appeal also presents an opportunity that would be
difficult to achieve for Council if it commenced enforcement proceedings. Especially given the
discretionary factors that would be considered by the Court (in enforcement proceedings) would
probably weigh in favour of the landowner.
Ultimately it would be a waste of time and resources if enforcement proceedings were pursued and
the Court was satisfied that while a development offence had been committed, the Court refused
to make any orders in relation to the offence.
It is therefore recommended that the appeal be settled.
Previous Council Consideration
Not applicable.
Finance & Risks
Should the appeal not be settled by Council, there will be further costs for Council in proceeding to
trial.
Consultation
External Consultation - Community & Stakeholder
Thynne Macartney – Tim Quirk


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