‘Unfair’: could cable car appeal face delays?
Late submissions on both sides of the cable car debate could mean delays for the appeal. ROLLING COVERAGE>>
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August 24, 9am:
There are questions around possible delays in the cable car appeal, as the tribunal considers losing a day of proceedings so parties can read late submissions.
The appeal of the Hobart City Council’s decision to refuse the cable car development began on Monday and has been given a maximum of three weeks for hearings before the Tasmanian Civil and Administrative Tribunal.
On Tuesday counsel acting for the Hobart City Council planning authority Susan Brennan requested a day be allocated for parties to read through material which was submitted late, four of which were the appellant’s witnesses.
“Council has been working day and night to be on top of that material,” she said.
“It’s unfair to the planning authority.
“We don’t want to be in a position where something that should have been put to the appellant’s witnesses wasn’t put.”
At least one council witness also provided late material.
Counsel for the Mount Wellington Cableway Company Adrian Galasso said questioned whether it could result in delays.
“Neither the council nor my party are innocent in time delays,” he said.
“This matter has been listed for three weeks, it should finish in less than three weeks.
“With a number of parties involved, identifying additional dates is going to be problematic.”
A decision is yet to be made on whether a day to read material will be granted.
August 23, 12:15: MWCC founder’s qualifications questioned
The man who years ago spearheaded the current push for a cable car on kunanyi/ Mount Wellington was set to give evidence in the appeal against the decision to reject the proposal but there’s been debate around his qualifications.
On day two of hearings, founder and technical director of the Mount Wellington Cableway Company (MWCC) Adrian Bold was going to be cross examined, but counsel for the Residents Opposed to the Cable Car, Bob Brown Foundation, and Tasmanian Aboriginal Corporation, David Deller argued his statement should be dismissed.
“He’s not qualified to give evidence,” Mr Deller said.
“It is uncontroversial that Mr Bold has no official qualifications concerning cableways or cable cars.
“His tertiary qualifications are in commerce, he has no qualifications in engineering or science.”
Mr Deller said the only area Mr Bold’s evidence could be relevant to is whether there are alternative feasible locations for the project.
“It’s unfair for the respondents to have to unpack Mr Bold’s blended evidence,” Mr Deller said.
“Mr Bold cannot be taken to be impartial because he is in fact the proponent of the company,” Mr Deller said.
Representative for the MWCC Adrian Galasso said Mr Bold’s evidence was relevant.
“For the purposes of the matter, Mr Deller has invented the expertise of a cable car person,” Mr Galasso said.
“You would find it very difficult to find a tertiary qualification called cableways.”
The tribunal ruled it would accept some of Mr Bold’s evidence.
August 22, 12:30pm: Ecologist says 100+ blue gums would need to be planted
An ecologist has agreed more than 100 trees would need to be replaced in the foothills of kunanyi/ Mt Wellington to offset swift parrot habitat which could be disturbed if the cable car project went ahead.
As the tribunal hears evidence in the appeal of the decision to reject the cable car, the panel heard there were two grounds of refusal relating to the loss of swift parrot habitat.
Consulting ecologist Andrew North said there would be 29 trees disturbed, 21 of which were blue gums, foraging trees for species.
“No more than 25 blue gum trees should be removed as a consequence of the development,” Hobart City Council counsel Jordan Wright said.
“Correct,” Mr North said.
Mr North agreed the number of blue gums lost should be replaced at a 5-1 ratio.
“100+ swift parrot habitat trees must be planted as an offset … those offsets need to be secured in perpetuity?” Mr Wright said.
“Yes,” Mr North said.
Mr Wright also asked Mr North about the replacement of tree hollows, which he agreed would need to be replaced in the McRobies and Wellington Park area.
It was also agreed it would take at least 20 years for the offset trees to become “useful” to the swift parrot, because the trees planted would not be mature.
11:20am: Mt Wellington Cableway Company addresses concerns
A number of concerns over the possible build of a cable car on kunanyi/ Mt Wellington will be addressed by the Mt Wellington Cableway Company.
The company’s representation outlined more information on the plans on Monday.
The cableway would comprise of three towers, two located at the base station and one at the summit.
There would be fifteen minute intervals between each cable car.
Each cabin will have a maximum capacity of 40 passengers.
A number concerns will be addressed throughout the hearings including biodiversity, geo-heritage, sewerage, swift parrot habitat and visual impacts
Fifteen working days have been allocated for the hearings but it’s been suggested one day be used to examine evidence which was submitted closer to the hearing date.
More to come.
Long running cable car saga reaches tribunal stage
More than a year after the Hobart City Council rejected a development application for the Mount Wellington Cableway Company’s (MWCC) plans for a cable car, the matter is set to go before the tribunal today.
The council rejected the proposal in July last year after a planning consultant recommended 21 reasons why it should be refused.
Since then the Residents Opposed to the Cable Car group submitted an additional nine grounds for refusal, which were accepted.
Discussions between parties led to the removal of several grounds, including some relating to traffic, access road to the base, storm water management and geotechnical land stability.
It means the proponents will have more concerns to address during the appeal.
MWCC has also since submitted an alternative design for consideration, which included the removal of the proposed northern wing and the sanctum; a south facing viewing space and reducing the on-ground summit building footprint by about 40 per cent.
The amendment also reduced operational hours to daylight only and halved the passenger load capacity of the aerial tramway cabins.
MWCC chair Chris Oldfield said the company looked forward to the matter being resolved.
“At last, we get to have our say in a truly independent tribunal which will make decisions on planning issues and free from the ideological stance of local government politicians,” Mr Oldfield said.
“Public support has grown over the intervening period due to frustrations that the road has been closed often in recent months due to snow and ice, just when everyone wants to visit the pinnacle,” he said.
Opponents have previously told the Mercury they would not support a cable car under any circumstance, even if the design was altered.
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