No court resort in this draining case
NOOSA Council has agreed not to go to court to enforce conditions connected to stormwater on an approved Cooroy supermarket to save up to $50,000 in legal fees.
Councillors last night should have voted to approve a staff recommendation to delete two demands for the Creekgold Pty Ltd approval at the old Wimmers factory site to settle a lodged planning court appeal.
Council had wanted an investigation of the capacity and the condition of the existing downstream system to ensure to ensure no adverse impact on operation of the existing stormwater system.
Creekgold has argued the council conditions are irrelevant and unreasonable, vague and unenforceable to the extent that they require access to land owned by a third party.
"The conditions were imposed on the development approval as the applicant proposes to realign an existing council stormwater drainage line that conveys run-off through the site,” a council report said.
"The realignment is necessitated by the location of the new supermarket building and includes installing a larger diameter pipe.
"The conditions were imposed to ensure the new drainage system did not create a worsening for properties downstream,” it said.
As part of the appeal process council officers met with the Creekgold consulting engineer who demonstrated the development would not create any "worsening”.
Creekgold also paid $800 for a CCTV investigation by council of the system which has allowed it to bring forward necessary system investigation work at a benefit to council.