RESCISSION motions are quite rare within Bathurst Regional Council, and rescission motions that lead to a change of decision even rarer.
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But that trend is set to be broken on Wednesday night when a councillors are again asked to vote on an application to delete one of the conditions attached to the approval for a proposed Taco Bell fast food outlet at the intersection of Howick and Stewart streets.
The DA was originally approved in June with a long list of conditions attached, related to factors including traffic, parking, odour, noise and even heritage.
But during the June meeting councillors voted to add one more condition that meant all traffic would have to leave the fast food outlet onto Stewart Street, where all cars would be forced to turn left.
It was in response to concerns that an increase in traffic trying to turn right from Howick Street onto Stewart Street - and across four lanes of highway traffic - would create a safety hazard.
The developer objected to the added condition and sought to have it removed at the August meeting of council, failing by a single vote. But a rescission motion signed by mayor Bobby Bourke and councillors Monica Morse and Alex Christian will see the matter come before council again on Wednesday night where it looks likely to be a case of third time lucky.
Cr Jess Jennings, one of the five that voted against removing the contentious condition, may not be at Wednesday's meeting and, even if he is, concedes he is likely to change his vote - in part, to avoid the matter going to the Land and Environment Court. That's a pragmatic approach but it ignores the central question - a question of safety.
Debate at last month's council meeting was derailed by talk of jobs for young people and extra competition for Bathurst cafes and restaurants, both of which were invalid arguments because council had already approved the Taco Bell development.
All that matters now is a question of safety - whether or not having more traffic turn right from Howick Street onto Stewart Street will create a traffic hazard.
If councillors honestly believe it won't, then of course they should remove the condition requiring all traffic to exit on Stewart Street.
If they're worried it will create a safety hazard, though, then shouldn't the condition remain? Councillors have the chance to state where they stand on Wednesday.
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