BATHURST councillors must have known they were taking a gamble when they knocked back a development application to build a new kennel and cattery at Dunkeld.
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Council’s own planning staff had twice recommended the development go ahead, with a long list of conditions attached.
But a concerted – and vocal – campaign by neighbouring residents was enough to convince a majority of councillors that the DA should be reviewed.
Even before the final decision was made, applicant Brendan McHugh had made it clear he was happy to take his case to the Land and Environment Court if council’s determination did not go his way.
Now he has done exactly that, and you would expect a couple of Bathurst councillors might be a little nervous about what the result might be.
Defending any court matter will see council rack up a legal bill running into the thousands of dollars and Mr McHugh is very confident he can win this case.
If council does lose in the Land and Environment Court – and council’s own staff clearly believe it will – that bill will be even more.
The case highlights a quandary that councillors must regularly face.
On the one hand, councillors are elected to be the voice of the residents within the council chamber. On the other, they are expected to be guided by the professional staff who are paid to apply council’s own rules.
That creates problems when the advice from staff is at odds with the desire of the community – and councillors are caught in the cross-fire.
But now this case will go to the final umpire and the whole Bathurst community might be left to pay the price.
