Community Group's Landmark Judgement Ignored by Council

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COMMUNITY GROUP’S LANDMARK JUDGEMENT IGNORED BY COUNCIL

Manly Council still considering legal action

Sydney, Tuesday, 15 October 2013: Community group Save Little Manly Beach Foreshore Inc. (SLMBF) publicly called on Manly Council at their October meeting to formally acknowledge the landmark ruling in the case they presented and won in the NSW Land & Environment Court last week to save harbour foreshore land at Little Manly Beach from being rezoned and sold off for residential development.

President of the Save Little Manly Beach Foreshore Inc. Jacqueline French asked Council to rescind its motion to rezone as residential harbour foreshore land at 34 & 36 Stuart Street and publicly called on Manly Council to acknowledge the judgment of Mr Justice Biscoe who declared past Council actions in respect of this land to be unlawful.

SLMBF Inc. also called on called on Mayor Jean Hay who is a Board Member of the Sydney Harbour Federation Trust to show responsible leadership and good faith with the community by following through on her repeated public claims that 40 Stuart Street is for parkland and immediately proceed to change the classification of this land from operational land to community land and commit to commencing works for the delivery of the promised integrated parkland within six months.

Flying in the face of the comprehensive ruling by Justice Biscoe against Manly Council, Liberal Councillor Alan Le Surf proposed a motion to defer voting on the rescission motion to allow Council time to consider avenues for further legal advice and action. This was met with arguments from Greens Councillor Cathy Griffin and Independent Councillors Barbara Aird, Hugh Burns and Candy Bingham to question why the Liberal block of Councillors would not acknowledge the ruling of the NSW Land & Environment Court, apologise to the community on the matter and rescind the rezoning motion.

This motion initiated heated and protracted debate amongst Councillors and the community however the vote to defer action on the rescission motion was passed by Liberal Councillors Alan Le Surf, Steve Pickering, James Griffin, Adele Heasman and Mayor Jean Hay with a 5-4 majority, the same voting block the Liberal Councillors have adopted on all voting matters related to the properties.

President of the Save Little Manly Beach Foreshore Inc. group Jacqueline French said:

“Our case received a landmark judgement that comprehensively ruled in our favour dismissing Council's case on all points as having no merit, yet this Council refuses to acknowledge this. What should be of real concern to ratepayers is that Manly Council did not diligently examine its own records and wasted hundreds of thousands of dollars of ratepayers money on a court case that need not have happened. Even now, in the wake of the judgement the Mayor and her Liberal colleagues still want a month to consider further legal action. This says everything about the dysfunction and very poor administration at Manly Council.”

Outside of the rescission motion, SLMBF Inc. committee member Karen Pitt also addressed Council on the Sale of Land (Just Terms Compensation) Act 1991 following claims by Mayor Jean Hay at the September Council meeting that rezoning 38 Stuart Street protected future Councils from a claim under this Act. Ms Pitt explained in detail the intent of the Act pointing out that future Councils would only face a claim under this Act if this current Council changes the zoning from RE1 – Public Recreation to E4 – Environmental Living.

SLMBF Inc. also cited a letter from the group’s solicitors that was sent to Manly Council’s solicitors Marsdens’ which highlighted that moves by Council administration were in effect asking Councillor to act otherwise than as required by the Local Government Act 1993 and therefore placing the Council at risk of further non-compliance. 

SLMBF Inc. is in the process of directly liaising with their local member Prime Minister Tony Abbott to seek his support to immediately transfer the land at Little Manly Foreshore out of Manly Council’s control to the Sydney Harbour Federation Trust. ENDS:

President of SLMBF Jacqueline French is available for interview on this campaign. Media wishing to speak with Jacqueline should contact Melissa Arbuthnot on 0400-332-662 or by email to melissa.arbuthnot@communecom.com.au For more information about the campaign check out SLMBF’s Facebook page at www.facebook.com/savelittlemanlybeach or go to www.savelittlemanlybeach.com

Send us an email at savelittlemanlybeach@gmail.com