COUNCIL’S CASH CATCH

TOO POOR Not enough funds to fight multimillion-dollar island development

A TASMANIAN council has given up the fight to stop a multimillion-dollar project on Flinders Island because it can’ t afford the legal fees.

Flinders Council had fought a proposal to build a large residence with two 18m wind turbines just outside Lady Barron, pictured, — unanimously rejecting the project a year ago.

The council has dropped the case to fight an appeal after lawyers advised it would cost more than $100,000 in fees and it was likely to lose the case.

THE cost of legal fees and perceived low chance of success at appeal has seen Flinders Island’s council backflip on a decision to refuse a multimillion-dollar development featuring a residence and two large wind turbines.

The project, planned for Potboil Rd, White Beach, was knocked back by the council 12 months ago on the basis that it was more than double the eight-metre height considered acceptable under the council’ s planning scheme.

It had been recommended for approval by planning officers, who noted that while it was above the height limit, it was energy-efficient and met other planning considerations.

Documents lodged with council show the site 3.5km from the Lady Barron township would be home to a new residence for a Johan Neerman, with plans lodged by Louis Pretorius Architect of Pre tor iain South Africa.

The proponent flagged a challenge to Flinders Council’s decision at the Resource Management and Planning Appeal Tribunal, with a hearing scheduled for this month.

But following legal advice, the council decided not to contest the appeal, effectively giving the green light for the development to proceed.

Flinders Council Mayor Annie Revie said the council had faced a legal bill of up to $100,000 if it had continued with the appeal process — which she said was not a viable option.

“For bigger councils it’s a drop in the bucket. For us it’s not,’’ she said.

“The advice from several planners and lawyers is that we would have very little chance of winning it so the cost of legal fees based on that, it would take us nowhere. It would impact us a lot ... we’re the tiniest council in the state. We’re quite poor,’’ she said.

Cr Revie acknowledged the move had caused angst on the island, but said a potential six-figure hit to the bottom line could not be fathomed.

But former deputy mayor Michael Grimshaw said the community was “aghast” at the situation.

“It is unfathomable that the council can vote unanimously against the development and then allow it to go through. There is clearly something wrong with the process,’’ he said.

The proponent was contacted for comment.

Former Flinders Council mayor and former Local Government Association of Tasmania president Lynn Mason said councils had to be careful when deciding what their reasons for refusing an application were.

“Sometimes councils make mistakes when they do that and it does leave them open to appeal, and it does mean their chances of success at an appeal are greatly reduced,’’ she said.

Ms Mason, who served as mayor from 1996-02, was LGAT president from 2000-06 and now works as a consultant with local government, said councils sometimes found themselves between a rock and a hard place.

She said many smaller councils were not in a position to pay for significant legal fees. “I feel really sympathetic for any council placed in that position because they are doing their best,’’ she said.

Current LGAT president Christina Holmdahl said when council sat as a planning authority, it had to give good reasons to knock an application back, particularly when it has been recommended for approval.

Cr Holmdahl referenced the Central Highlands Council’s assessment of the Lake Malbena proposal, which had been recommended, rejected and then appealed.