THE legal bill for Bathurst Regional Council’s failed bid to block construction of a new kennel and cattery at Dunkeld has already topped $110,000 – with more to come.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Developer Brendan McHugh took council to the Land and Environment Court of NSW earlier this year after his plans to build the Dunkeld Pet Hotel on Marys Lane were twice knocked back by a majority of councillors, despite senior planning staff twice recommending approval.
A confidential report to Wednesday night’s monthly meeting will look at the lessons council can learn from the case, but general manager David Sherley last week confirmed it would also detail council’s legal expenses so far.
Mr Sherley said council had already been billed for about $110,000 in legal expenses, but he expected that figure to rise.
“Any legal matters are expensive, particularly being represented by solicitors and barristers,” mayor Gary Rush said last week.
Cr Rush, along with councillors Michael Coote and Warren Aubin, were the only ones to recommend approval of the development application at last December’s review.
But, despite his view, Cr Rush said his role as mayor was to be “spokesperson for council and its resolution, despite where I sat on the issue”.
“Council did resolve to oppose the development application then choose to defend that position when the applicant filed to have it heard in court,” he said.
He said council’s concerns over the proposed kennel were due to potential noise, impact on the environment and road safety.
Cr Coote said he would be asking his colleagues to “pass around the hat” at the meeting.
He added that he was not surprised the legal bill had soared so high.
“Ratepayers won’t be happy at all,” he said.
Cr Coote said council’s former environment planning and building services director David Shaw also foresaw a win by the kennel’s developer.
“He said ‘they’ve got good grounds and council will lose the case’,” Cr Coote said.
Cr Rush would not be drawn on whether council would appeal the decision. “We haven’t made that determination yet,” he said.
“Hopefully common sense will prevail and we won’t appeal it,” Cr Coote added.
He added that councillors would review legal advice from their solicitor in “determining their next step”.
The Land and Environment Court held two days of hearings in the Dunkeld case, in Bathurst and Sydney.
Council was represented by local solicitor Paul Crennan and Sydney barrister Philip Clay.
The Western Advocate understands council set aside about $40,000 in its 2015-16 budget for legal expenses and any costs above that will have to be found through other savings.
