Correction to Today Tonight story
Published on 28 May 2015
The City of Burnside rejects allegations aired on Today Tonight last night that Council took one of its own Councillors to court and spent at least $50,000 of ratepayers’ money.
Ford v City of Burnside was an appeal by Dr Ford against a Council decision to treat the use of an umbrella on private land as a form of development, requiring development approval for the purpose of the Development Act 1993.
A four-metre wide cantilever umbrella had been fixed in the driveway of the home in a Heritage Listed Zone.
His Honour Judge Costello reviewed case law on the subject, received submissions from two senior counsel and visited the site to inspect the umbrella, before delivering his verdict after three weeks of consideration.
The Court held that the umbrella was not a structure for the purposes of the Act and its use does not require development approval.
Chief Executive Officer Paul Deb welcomed the Court’s decision in April saying, “The Development Regulations are unclear in many respects and have left Council staff with the position of having to act without clear guidance on the law.”
“This decision gives us case law and makes it easier for staff to enforce the regulations in a fair and consistent manner.”
The total cost of legal fees incurred by the City of Burnside in this case was far less than $50,000.
“That is a complete exaggeration,” Mr Deb said. “Legal costs are a standard part of Council’s budget and way of doing business as people are entitled to challenge Council decisions if they disagree.”
“The system allows the community a right of appeal on any Council decision and the appropriate manner to decide many of those is in Court,” Mr Deb said.
“Dr Ford chose to initiate Court action, as is his right.”
Note: The City of Burnside was not approached by Today Tonight for comment.
ENDS
Contact: Jenny Barrett 0408 717 025
Issued by:
Paul Deb
Chief Executive Officer
City of Burnside