Report on Rainbow Shores Stage 2 - Sunday 6th Feb 2011, continued ...
Greg Wood elected to become a co-respondent and also agreed to act as an agent for the national Parks Association of Queensland, Cooloola Coastcare Association and some individuals.
CHIP and some individual also elected to become co-respondents and Reg Lawler is acting as their agent.
When the parties were asked to nominate the grounds that were disputed, the Gympie Regional Council nominated Planning Issues, Water Supply, Sewerage, Traffic and Waste Disposal. But while they nominated their engineer, Mr Robert Fredman, to give expert evidence on the last four issues they did not nominate any expert on Planning.
Mr Wood also felt that the Planning Issues were important, and when Council did not nominate someone from their planning staff or another planning expert, he employed a planning expert on funds raised by donations.
When the planning experts employed by Mr Wood and Rainbow Shores met, they jointly agreed that there were a large number of alterations needed in the Plan of Development that was originally submitted by Rainbow Shores.
It was these changes that were considered by the court on Friday and, with all parties agreeing, His Honour Judge Rackemann decided that the changes were minor within the meaning of the act.
However the delay caused by the time needed to respond to the experts and alter the Plan of Development has meant that the case has been delayed until the June sittings of the court.
Mr Reg Lawler, Chairperson of Citizens Helping Inskip Peninsula (CHIP), said that he was trying to find out why the council, who have the major responsibility to protect and enforce the Town Plan, did not provide expert evidence to the court on planning matters.
“Since CHIP was formed at a public meeting on the 3rd August 1988 we have asked council to do two things: consult with the people affected and to be prudent in their plan. It is disappointing that the Gympie Regional Council seems to think that private individuals should carry the cost of correcting a Plan of Development that was first put before the council in 2004. It is also concerning that the Acting CEO of the Council, Mr Ken Mason and the Director of Planning, Mr Mike Hartley have told me that the decision not to provide the court with an expert on planning was made by the Gympie Regional Council but there is no record of this in the minutes of the Council.
The level of objections against the development is unprecedented. A faulty Plan of Development is submitted. Yet somewhere, sometime, it appears that council has made a decision that is not recorded so that they did not offer expert evidence on a major part of the case, planning matters, in which they have the prime responsibility.
This is not responsible democratic government.”, Reg Lawler said.