Tweed Echo – Issue 1.19 – 15/01/2009

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THE TWEED SHIRE Volume 1 #19 Thursday, January 15, 2009 Advertising and news enquiries: Phone: (02) 6672 2280 Fax: (02) 6672 4933 editor@tweedecho.com.au adcopy@tweedecho.com.au www.tweedecho.com.au

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LOCAL & INDEPENDENT

Rate rise case: council to seek costs Ken Sapwell

Tweed Shire Council will chase legal costs of around $330,000 from local resident Terry Sharples following his unsuccessful appeal to have rate rises contained in its controversial seven-year plan declared null and void. The council voted 5-2 to spend a further $15,000 to apply to the Land and Environment Court for a judge to make a determination on

costs if an agreement can’t be reached with Mr Sharples’s legal team. The council decided on a hard line despite the judge’s view that it may be appropriate not to make an order given Mr Sharples’s measure of success in establishing that the council had misled people over the true financial impacts of the rate rises. Justice Peter Biscoe also noted a High Court ruling against awarding costs in public inter-

Land values rise along the coast Ken Sapwell

est cases where other factors were present. But councillors in favour of general manager Mike Rayner’s recommendation to seek costs said they would be derelict in their duty to ratepayers if they didn’t. Cr Warren Polglase said the council had a duty to ratepayers to chase the costs, even if it proved unsuccessful. ‘The council should not be subsidising anyone taking action against it, especially con-

sidering that if it had lost the case it would have been on the receiving end of a costs application,’ he said. He was backed by Cr Dot Holdom who said the costs could well exceed $330,000, and Barry Longland, who strongly defended the integrity of the seven-year plan, saying it had been widely tested in the community. ‘I conclude that the vast majority of the residents of this shire would expect us to seek

costs. The council has the legal right to make application just as do the other two respondents [the Local government Minister and his department],’ she said. A bid by Mayor Joan van Lieshout to defer a decision until the next meeting to seek legal advice failed when it only won the support of Greens councillor Katie Milne. Cr van Lieshout referred to evidence of the council materially misleading and added: ‘I

feel that if we pursue it further our costs will only be greater.’ Mr Rayner called this week’s extraordinary council meeting following Mr Sharples’s failed bid to have the rate increases voided on the grounds that the council had misled the public and subsequently the Minister who approved the plan. Justice Biscoe found the council had materially misled and that its community consultation process was significantly continued on page 2

Freestyle frolics

coastal shires and cities, including Lake Macquarie, Gosford, Newcastle, Great Lakes and Wyong. A spokesman said the valuations are the first since the property boom of 2005 and are based on values assessed as of July 1 last year. Real estate sources say the steepest increase will be along the Tweed Coast, particularly in prestige locations like Kingscliff, Casuarina, Salt and Fingal. The new valuations will have a major impact on residents’ rates bills, with people whose properties have posted the biggest gains facing the biggest rate increases, even though values have slid since July. Rates are due to increase by 9.5 per cent this year un- Shey Doyle freestyles a few impressive aerial moves drawing from capoeira, tricking and martial arts during an Extreme Teens der the council’s controversial Trix workshop at Murwillumbah Showgrounds this week, watched by Susie Cardiff (with hoops) and participants. Susie and Shey seven-year plan unless coun- from Hoopla Circus conducted the Tweed Shire Council sponsored workshops on Monday and Tuesday which proved so popular

Tweed Coast villages are expected to lead a sharp increase in land values when shire residents receive new valuations in two weeks time. The Tweed is among the top three NSW coastal shires showing the largest rises in residential land values assessed by the Valuer-General. According to figures released by the Lands Department, Tweed land values have soared by 15 per cent since the last valuations more than three years ago. The only other local government area along the NSW Coast to record bigger increases were Byron and Richmond Valley shires which both posted 19 per cent gains, with all others below double figures. Property values actually fell in some of the once-booming continued on page 2

that an extra one-day workshop was held yesterday. Photo by Jeff ‘No Style’ Dawson

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