Explained: What’s next for the Mt Wellington Cable Car proposal?
Following the rejection of the development of a cable car on kunanyi/Mount Wellington the proponent has just 14 days to lodge an appeal - so what will happen next?
Hobart & South
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WHAT happens next depends on whether the proponent of the cable car decides to lodge an appeal with the Resource Management and Planning Appeal Tribunal.
The Mount Wellington Cableway Company is yet to confirm whether it will do so as it consults with planners and lawyers, but had indicated it had a strong case.
If the proponent does go down that path, the company will have 14 days after the council formally notifies it of the decision handed down on Tuesday to lodge an appeal.
After that, the first stage is a preliminary conference where the tribunal will determine hearings and explore the possibility of mediation.
If all parties agree, a date of mediation will be scheduled.
If matters remain unresolved after mediation, the appeal will progress to a full hearing, which will be heard by a panel of experts, which is usually held six weeks after mediation.
It would take at least four weeks after the hearing concludes before the tribunal hands down a decision.
After the decision there is a 28 day period where either party can appeal to the Supreme Court.
‘The public deserve to know’: Text exchange called out in meeting
Alderman Simon Behrakis has confirmed he was the councillor at the centre of the texting saga during Tuesday’s special planning meeting on the cable car development application, but insisted he did nothing wrong.
During the final deputation, where the Mount Wellington Cableway Company made its final bid to councillors, executive chair Chris Oldfield was asked if he had been exchanging messages.
Councillor Jax Ewin questioned Mr Oldfield about the exchange during the meeting.
“I’d like to know if you think it is appropriate for you to be direct messaging certain elected members during tonight’s deliberations because to my mind it is at best unprofessional,” Cr Ewin said.
“That’s your opinion,” Mr Oldfield replied.
Councillor Ewin said they noticed the exchange during the meeting
“I sit next to Simon Behrakis and I can see what happens on his computer and I saw the name of the proponent pop up and that seems at best unprofessional and a conflict of interest,” Cr Ewin said.
Cr Ewin maintained the behaviour was inappropriate.
“I called it out because the public deserve to know what’s going on and in my mind it’s inappropriate.”
“It demonstrated there is a personal connection between councillors and proponents and I don’t think’s appropriate in a decision making capacity.”
On Wednesday Mr Behrakis explained what the conversation was about.
“I was texted by the applicant yes,” Mr Behrakis said.
“There were a couple of representations made in deputations that the applicant felt was inaccurate, I received a text message about that
“I asked a follow up question based on that.”
Mr Behrakis did not believe he had done anything wrong.
“I don’t think there was anything inappropriate about that at all,” Mr Behrakis said.
“It’s the nature of the messages that determine whether it’s appropriate or not.
“We live in the 21st century, we use our phones to discuss things and text each other and staff during meetings for advice.”
Mr Oldfield said he messaged Mr Behrakis over a statement he thought was incorrect.
“Just because one of the councillors said its wrong doesn’t make it wrong unless, there’s some guideline I don’t know about,” he said.
Hobart Lord mayor Anna Reynolds said the saga was disappointing.
“The proponent knows that we all have an obligation to have an open mind and to listen to a wide range of views and that needed to be our focus,” Ms Reynolds said.
“That should have been respected by the proponent.”
‘Drop this destructive development, council’
Opponents of the kunanyi/Mount Wellington cable car proposal are urging the proponent not to appeal the Hobart City Council’s decision to reject its development application.
At a marathon meeting on Tuesday night, the council voted 9-3 to dismiss the Mount Wellington Cableway Company’s proposal.
The Residents Opposed to the Cable Car group has welcomed the decision, and is calling for an end to the contentious and long-running debate.
ROCC spokesman Vica Bayley said that not only did the proponent need to rule out appealing the decision to the Resource Management and Planning Appeal Tribunal, but that the state government should end its support for the project, too.
“This decision rightly condemns the cable car proposal and it should be the end of the attempt to privatise publicly owned, reserved land and bring mass tourism to the mountain,” Mr Bayley said.
“We call on the proponent to drop this destructive development and ask Premier Gutwein to unequivocally rule out any form of assistance that would resurrect this toxic proposal.”
Mr Bayley said an appeal against the decision would “throw good money after bad and prolong division the community can do without”.
“Special legislation to approve this proposal is its only real hope and Premier Gutwein should rule out any form for support, simply ruling out the major projects process is not enough,” he said.
The Mount Wellington Cableway Company said it has a solid basis for appeal after the Hobart council voted to reject its cable car development application.
Nine council members voted to accept a recommendation to refuse it after a lengthy debate which sat late into the night.
Executive chair Chris Oldfield said the project should have been approved subject to conditions.
“This alternative approach open to council is signposted throughout the HCC’s 107-page planners’ report and provides a very solid basis for appeal to the Resource Management and Planning Appeals Tribunal,” Mr Oldfield said.
“From the outset, most commentators recognised that this project would end up in that forum whether it was approved or not, but that could have been avoided.”
Mr Oldfield said the company would have two weeks after the council’s formal notification of its decision to make an appeal.
“We will take advice from our planners and legal team before making that the decision on whether to appeal,” he said.
During the debate, a motion was moved to defer the decision to allow the company to address concerns raised by an independent report, but it was defeated shortly after.
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