A quarry owner who gained approval for an expansion on the condition nearby road intersections were upgraded wants his bond money back … despite the fact the road improvements failed within two months.
The Lismore City Council will this evening determine whether to give the $1500 back to the owner of Champions Quarry amid warnings from staff that the owner has threatened legal action.
In a report to councillors, staff note that the quarry expansion was granted approval by the NSW Planning Minister in August 2012.
The approval required upgrades to the intersection of Wyrallah Road and Wyrallah Ferry Road, and Coraki Road and Wyrallah Ferry Road.
Instead of taking two to three weeks to complete, the upgrades took four to five months before the final sealing was completed.
Staff said the works presented signs of failure within two months, and Champions Quarry was advised of the failures at both intersections.
The owner, former Lismore mayor Jeff Champion, has blamed the road failures on sub-standard existing pavements, and requested that the bond be returned or legal action will be taken.
‘It has been indicated to Council staff that if the bond is not released as requested, legal action may be contemplated on behalf of the proponent to have the bond released,’ the staff report says.
‘The proponent has a recent history of initiating expensive litigation in relation to Council decisions and actions but without much success.’
‘Council should consider very carefully whether withholding bonds and providing a trigger for litigation is in the public interest, even if there are reasonable or good prospects of Council succeeding in defending such an action.’
In recommendations to councillors, staff advise that the ‘council needs to take action and move on from this issue rather than enable the matter to become protracted.
Staff have recommended that the council rehabilitate the inadequate work and refund the bond to Mr Champion.
But they also recommend that the council ‘reserves its right and make no admissions regarding the completed works in order to preserve a position in response to any future claims or allegations against Council.
Staff also want to refer documentation held by council to the Department of Planning and Environment with advice that the works were not completed to council’s satisfaction.
The council meets at 6pm at the chambers in Goonellabah today (Tuesday, 12 April).
The ratepayers of Lismore should certainly not be paying for the failure of the quarry road works. If
Lismore council is satisfied there action has been appropriate they should stand up for their position if not and they pay back this only opens up the flood gates.
What has council done in relation to this matter given the quarry approval in 2012.
If the upgrade was to on ly take 2 to 3 weeks but instead took 4 to 5 months when did it finish?
Council needs to assure the ratepayers that their actions have been sufficient and appropriate in relation to this matter and hence if necessary proceed to court and win as they believe they will.