An environmmental lawyer commissioned by the body opposing Wingecarribee Shire Council’s draft strategic plan has revealed the shire’s councillors could be liable for negligence if necessary procedures were not followed in preparing the proposal.
The Wingecarribee Committee for Managed Growth made the findings of the Sydney-based lawyer public at a Bowral Chamber of Commerce meeting on Thursday, producing copies of a legal analysis of the strategic plan.
The analysis alleged Council’s plan was “unlawful”, largely because it was inconsistent with the Illawarra Regional Environment Plan (REP).
One REP objective highlighted in the document stated that sufficient land should be made available to “prevent price rises resulting from scarcity of land”.
Chairman of the Committee Laurie Stewart said subjecting individual councillors to legal action over the plan’s perceived shortfalls was a possibility.
“There certainly appears to be room for a negligence action,” Mr Stewart told the Southern Highland News.
“But it’s not in our agenda to start that sort of thing.
“Our hope is that Council will read that document and take the plan back to the drawing board.”
He said the Committee had initially sought legal advice due to concerns about the economic implications of Council’s draft strategic plan, however “the more we looked at it all these issues became apparent”.
“The document also recommends a public Commission of Inquiry appointed by the Minister of Urban Affairs and Planning,” Mr Stewart said.
“But it wouldn’t be good for anyone for the State Government to take it out of our hands, so let’s hope Council listens to the concerns of the community.”
At Council’s meeting on Wednesday night, Cr Rick Mandelson told his associates any suggestion Council had been negligent could threaten “our reputation, if not our bank balance”.
“There were suggestions made that the strategic planning process had somehow been perhaps flawed and that there were deficiencies in the process,” he said.
“That in itself is not of major concern but the comment was also made that as elected representatives we could be considered liable for that process.
“I don’t know if this is true, I have no idea, but I would suggest that even if there’s a one in a thousand chance that it is in fact correct I believe this Council should perhaps just check that out.”
Council’s general manager David McGowan told the meeting that when Council resolves to produce a Local Environmental Plan it will go through “x-y-z process” and consult the required authorities.
However, Mr McGowan said Council “hasn’t resolved to do that, all Council is doing is starting a process where it is having widespread public consultation”.
“We’re not following the incorrect process now in my opinion,” he said.
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