Tribunal cuts back appeal grounds as ‘frivolous’ in case against $17.5m George Town Pool rebuild
A planning tribunal has dismissed parts of an appeal against a multimillion-dollar pool build as ‘frivolous, misconceived’. What happens next in court.
Tasmania
Don't miss out on the headlines from Tasmania. Followed categories will be added to My News.
A tribunal has dismissed four grounds of an appeal against the proposed $17.5m George Town Council’s (GTC) Aquatic, Health and Wellbeing Centre development, calling the complaints “frivolous, misconceived, and lacking in substance”.
The Tasmanian Civil and Administrative Tribunal (TASCAT) handed down a decision last week regarding applications in a planning appeal against the centre.
Community members Graeme Neilsen and Fiona Hills launched an appeal against the council’s permit for the project on March 11, with a hearing date set for May 23.
In October last year, officials announced plans to build a new centre on the site of the 40-year-old George Town Pool, including a new year-round 25m pool, gym, group fitness studios, and allied health suites.
Two applications were made in the planning appeal – one was an application by Lorrain Wootton to join the appeal, and the other was an application by the GTC for most of the grounds of the planning appeal to be struck out or dismissed.
This was on the basis that “they are frivolous, misconceived, and/or lacking in substance”.
TASCAT senior member Samuel Thompson firstly dismissed Ms Wootton’s application, with her explanation of missing the cut-off date to make representations to council and thus requiring her to make an application to the TASCAT appeal “vague and uncompelling”.
Mr Thompson then ordered that four of the seven grounds in Mr Nielsen and Ms Hill’s appeal be dismissed.
Council submitted to TASCAT that the “unusually drafted” grounds are “misconceived or irrelevant or both, fail to raise any justiciable matters, and should be dismissed/struck out”.
The first ground dismissed, Assertion A, submitted that “a ‘condition report’ of the existing facility was not available during the statutory consultation period” for the development.
“They are irrelevant to the Tribunal’s task in hearing the appeal and are not justiciable,” Mr Thompson said.
“Assertion A and its grounds must be struck out for being frivolous, misconceived, and lacking in substance.
Mr Thompson went on to find that the three other grounds were outside the Tribunal’s powers in a planning appeal and “lacked a legal foundation to provide relief”.
He ordered for Mr Nielsen and Mr Hill to provide more specific evidence on another ground and file it by April 25, as well as ordering that the costs of the applications be reserved until the hearing is complete.
The GTC announced in October last year that the project had secured $15m in federal government funding and a further $2.5m in state government funding.
The project is scheduled to be operating by October 2026.
Tasmanian military veteran awarded top French honour
A Tasmanian Army Reserve veteran, who has served as national president of the RSL since 2019, has received a prestigious French honour for his role planning Anzac centenary commemorations.
‘Sacrifices of those who came before’: families honour Anzacs in Tassie services
‘Without him … I would not be here and many of you would not be here” Elizabeth College student Lachlan Monk spoke of his great grandfather’s “indomitable spirit” at Friday’s Hobart Dawn Service. Hear from the other families honouring the Anzac heroes.