Flinders Council backflips on planning decision over multimillion-dollar development

A small Tasmanian council has backflipped on its decision to reject a multimillion-dollar development, saying it could not risk the high cost of legal fees. Find out the reasons for their decision >>

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THE cost of legal fees and perceived low chance of success at appeal has seen Flinders Island’s council backflip on a decision to refuse a multi-million dollar development featuring a residence and two large wind turbines.

The project, planned for Potboil Rd, White Beach, was knocked back by the council 12 months ago on the basis that it was more than double the eight-metre height considered acceptable under the council’s planning scheme.

It had been recommended for approval by planning officers, who noted that while it was above the height limit, it was energy-efficient and met other planning considerations.

Documents lodged with council show the site 3.5km from the Lady Barron township, would be home to a new residence for a Johan Neerman, with plans lodged by Louis Pretorius Architect, of Pretoria in South Africa.

Flinders Council development application for new residence and wind turbines.

The proponent flagged a challenge to Flinders Council’s decision at the Resource Management and Planning Appeal Tribunal, with a hearing scheduled for this month.

But following legal advice, the council decided not to contest the appeal, effectively giving the green light for the development to proceed.

Flinders Island Mayor Annie Revie said the council had faced a legal bill of up to $100,000 if it had continued with the appeal process — which she said was not a viable option.

“For bigger councils it’s a drop in the bucket. For us it’s not,’’ she said.

“The advice from several planners and lawyers is that we would have very little chance of winning it so the cost of legal fees based on that, it would take us nowhere.

“It would impact us a lot ... we’re the tiniest council in the state. We’re quite poor,’’ she said.

Flinders Island Mayor Annie Revie. Picture: PATRICK GEE

Cr Revie acknowledged the move had caused angst on the island, but said a potential six-figure hit to the bottom line could not be fathomed.

But former Deputy Mayor Michael Grimshaw said the community was “aghast” at the situation.

“It is unfathomable that the council can vote unanimously against the development and then allow it to go through. There is clearly something wrong with the process,’’ he said.

The proponent was contacted for comment.

Former Flinders Council Mayor and former Local Government Association of Tasmania president Lynn Mason said councils had to be careful when deciding what their reasons for refusing an application were.

“Sometimes councils make mistakes when they do that and it does leave them open to appeal, and it does mean their chances of success at an appeal are greatly reduced,’’ she said.

Aerial of coastline near Killiekrankie, Flinders Island. Picture: Luke Tscharke /Tourism Tasmania

Ms Mason, who served as mayor from 1996-2002, was LGAT president from 2000-2006 and now works as a consultant with local government, said councils sometimes found themselves between a rock and a hard place.

She said many smaller councils were not in a position to pay for significant legal fees.

“I feel really sympathetic for any council placed in that position because they are doing their best,’’ she said.

Current LGAT president Christina Holmdahl said when council sat as a planning authority, it had to give good reasons to knock an application back, particularly when it has been recommended for approval.

Cr Holmdahl referenced the Central Highlands Council’s assessment of the Lake Malbena proposal, which had been recommended for approval, been rejected and then appealed.

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