The island of uncertainty

ALARM bells will be ringing for local councils across the state following a decision by the Flinders Council to back out of a legal battle against a proponent’s development because it simply does not have the resources to fight the multi-milliondollar proposal.

The private residence, just outside the township of Lady Barron, includes plans for a large home overlooking Little Green Island in the picturesque bay in the island’s south.

The project in Potboil Road raised the temperature of the community and was unanimously rejected by councillors a year ago because two large wind turbines included in the plan were more than double the 8m height limit considered acceptable under the council’s planning scheme.

The well-financed proponent challenged the council decision and the matter was due to be heard before the Resource Management and Planning Appeal Tribunal this month. But the council has backed down and effectively waved the project through. Why? Because it doesn’t have the expected $100,000 in legal fees it would take to fight the project.

Mayor Annie Revie said the six-figure legal bill with no guaranteed outcome in the council’s favour had forced its hand.

“For bigger councils it’s a drop in the bucket. For us it’s not,’’ she said. “We’re the tiniest council in the state. We’re quite poor.’’

At a time when many of the 29 councils across the state are under financial pressure, it is clear this problem is likely to arise again.

THIS IS AN ISSUE WHICH IS UNLIKELY TO GO AWAY WHILE THERE ARE SO MANY SMALL COUNCILS IN THE STATE

Already there have been cases of smaller councils having to deal with large and controversial proposals.

The Lake Malbena project in the Central Highlands municipality is a case in point.

Putting aside the pros and cons of the proposal, councillors have expressed anger that they are being forced to assess the project. Some described sleepless nights and even being physically ill under the pressure of making a decision.

The cost of the legal fight has been picked up by conservation groups who have taken their fight to the Full Court. It would be crippling for the council to fight the project on its own.

Glamorgan Spring Bay Council has faced big decisions also over the $138m Cambria Green project proposed for Dolphin Sands, near Swansea. It voted to amend planning rules to allow the project to proceed but such a small and cash-strapped council hardly has the resources to fight projects on such a scale. The huge development is currently before Tasmania’s Supreme Court over a planning matter.

The government’s major projects laws may come into play when proposals are large enough, but what of projects on a smaller scale?

It is clear there is a problem if a small community’s concerns can be pushed aside because of costs.

There is a solution which is staring many smaller councils in the face — amalgamation. Bigger councils have the resources to face a large and cashed-up proponent. This is an issue which is unlikely to go away while there are so many small councils in the state. It is time the matter is addressed.

Responsibility for all editorial comment is taken by the Editor, Jenna Cairney, Level 1, 2 Salamanca Square, Hobart, TAS, 7000