Council could face huge legal bill over Plateau challenge

IT HAS been speculated the Minister's department has backed out from the latest challenge because the council's position "is not defensible".

Bundjalung elder Michael Ryan delivering a NSW Land and Environment Court Summons on the Lismore City Council. Picture: Leah White

UPDATE: 3:35PM: A LISMORE City Council spokesperson has responded to claims that it 'refused to listen' to native title applicants regarding the heritage significance of the North Lismore Plateau.

"In response to the appeal, Council will be guided by appropriate professional advice on its options to respond to the latest legal challenge," the spokesperson said.

"There are several heritage studies addressing the rezoning of the North Lismore Plateau and the issues of concern. Those studies have involved various degrees of consultation with a broad range of stakeholders and all submissions were considered as part of the rezoning process." 

ORIGINAL:

LISMORE City Council will be defending the latest legal challenge over the North Lismore Plateau development without the backing of the NSW Planning Minister's department.

It means the council may be lumped with significant legal costs after the Minister's department today lodged a 'submitting appearance' to a challenge made by Bundjalung elder and native titleholder Mickey Ryan.

In other words, the department will not defend the decision and the onus is now on council to defend the matter alone.

On July 4 council was served with the NSW Land and Environment Court summons which lists a number of breaches and failures with the Cultural Heritage Assessment and public exhibition.

Mr Ryan claims, in this latest case, the council neglected to consider an archaeological report and failed to address the development's impacts on Aboriginal sites.

Indigenous justice advocate Al Oshlack, who has been advising Mr Ryan, speculated the Minister's department had backed out from the latest challenge because the council's position "is not defensible".

Mr Oshlack said he would meet with council lawyers before the residential development was mentioned in the NSW Land and Environment Court this Friday.

Last year Mr Ryan, with help from the NSW Environmental Defenders Office (EDO), successfully challenged the validity of zoning changes for the North Lismore Plateau. According Mr Oshlack, the loss cost the Minister's department $200,000.

Mr Oshlack said: "They (council) are not listening to Mr Ryan. They are not listening to the native title applicants. The Bundjalung people have told them that it can't be developed - that it is the most significant site in this area. They authorised Mickey Ryan to represent them.

Al Oshlack at a smoking ceremony in North Lismore to mark opposition to the North Lismore plateau development. Photo Cathy Adams / The Northern Star. Picture: Cathy Adams

"What they (council) have done is consulted with other people, but these people don't have the authority. It's simply a refusal to listen."

Lismore Mayor Jenny Dowell and the majority of councillors have been in favour of the development, which they believe is essential to the growth and prosperity of Lismore.

Last year council agreed to bear the cost of providing water and wastewater infrastructure within the development.

"If you take into account the cost of the sewage infrastructure and the staff time already sent on the development, it would be getting up to $3 million in ratepayers money already," he said.