Public Support Gatherings
Exercise Against Extinction
Presentation to Council
Key Milestones [?]
In case you haven't heard already, we had a win with our Judicial Review Case in the NSW Land and Environment Court. On Monday last week, Justice Rachel Pepper made the orders by consent after both the developer (Littlewoods Civil) and the Council agreed to settle the matter without further progress of the final hearing.
I have attached the media release entitled Friends of Glebe Wetlands successful in legal action in the NSW Land and Environment Court.
I have also attached a pdf copy of the article that appeared on page 3 in last Friday's Bega District News.
Ross Mackay, our environmental law expert, also did a radio interview on ABC South East Radio last Tuesday morning. The link to a recording of the interview is to be found at:
https://www.abc.net.au/radio/southeastnsw/programs/breakfast/breakfast/13797626 The recording of the interview with Ross Mackay was around 8:45am and starts at around 2:10:10 on the timer lasting until around 2:20:30. IF YOU WANT TO LISTEN BACK TO THIS INTERVIEW, PLEASE ACCESS THIS INTERVIEW SOON AS ACCESS MAY EXPIRE SOON.
The hearing had commenced on Friday 4th of February (when evidence was taken from witnesses - including from myself, for five hours in the witness box) and continued on Friday 11th February when both our barrister, Lauren Sims, and the barrister appearing for the developer made submissions. As the developer's barrister did not finish their submissions and our barrister was still due to make submissions in reply, the matter had been listed for Monday 21st March. Then on Thursday 17th March, our solicitor, Ross Mackay, recieved an offer from the developer to settle the matter in our favour so that they could use the court time set down for the Monday to argue costs. Their strategy was to shift most of the liability for paying our costs onto the Council, which was largely successful. We agreed to the settlement offer as it gave us everything we were seeking. On the Monday in Court it was agreed that Council will pay our costs up to the 2nd of April, after which date Littlewoods will cover our costs. Our costs have been significant, totalling around $75,000. Under our costs agreement made with Ross Mackay, both he and Lauren appeared pro-bono, meaning that we pay no fee, but in the event that we are successful, the other parties pay our costs.
This is a significant milestone in our campaign to restore the buffer, having won us the right to make submissions objecting to the proposed lot layout change should the developer make a new application to modify the original development consent granted in September 2017 to a previous developer who subsequently onsold the land to Littlewoods. If and when this happens, we will have a period of a fortnight whilst any new modification application is on public exhibition to make submissions to the Council calling for the restoration of the buffer to a minimum of 50 metres in order to protect the long-established flying-fox camp from anticipated human-wildlife conflict involving new residents of the subdivision at the Littlewoods Estate. It is our intention to have over 100 submissions made by our supporters when the time comes. Hopefully, you will be amongst this number making your voice heard at this important time.
I will keep you updated on the progress of any subsequent developments requiring action.
Thank you all for your ongoing support.