– Corner Store Appeal Falls Thru

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Council has decided not to appeal the recent Bundeena corner store decision despite anomalies during the court proceedings were uncovered.

Appeals to the Land and Environment court cannot normally be against the decision rendered itself. Appeals must be made in reference to any error on court procedure or point of order during proceedings. Several witnesses have come forward in regard to such an error which occurred during proceedings. The error surrounds the events of the August 2006 proceedings. On August 3rd an onsite hearing took place in Bundeena. On the day a number of written submissions were presented to the Commissioners overseeing the trial. As well a number of locals testified verbally however they were instructed by the court not to repeat any evidence already detailed in written submissions they have made.

The next day on August 4th the proceedings resumed back in a courtroom in the city. The written submissions which had been submitted the previous day were presented by Council solicitors to the court in full view of all of those attending. Verbal deliberations had gone on for most of the day when the Commissioners had instructed the lawyers of  Mars Corp on what modifications to the DA could be done which would make it acceptable. However, several witnesses who were in attendance of proceedings on both days claim the Commissioners had made this judgement without any review of the written submissions. If the claim is correct then a judgement had been made without all the evidence being taken into consideration given.

While there is merit in the appeal Council has decided it would not be worthwhile.

  Listen to Council’s lawyer court summation (15 min)

Download audio/lep-hearing-1_00-15.mp3 (right click and save as)

 

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