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Wednesday March 31, 2010
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Evans wins land battle
Council loses Supreme Court appeal over house LAUREN HERMON reports: Balaklava farmer and businessman Peter Evans will be able to build a house on farmland south of Balaklava after a decision by the Full Bench of the Supreme Court. The court found against Wakefield Regional Council, dismissing its appeal against a judgement last year by a single justice of the Supreme Court. The decision was handed down on Monday by the Full Bench, with Justice Thomas Gray, Justice John Sulan and Justice Richard White presiding. They returned a 2-1 decision with Justice White finding the appeal upheld. Justices Gray and Sulan dismissed the appeal and granted the application on conditions fixed by the Environment, Resources and Development Court (ERDC). In their conclusion they said: “The matter (is to) be remitted to the ERDC to make such further orders as may be necessary to carry into effect the judgement of this court and to fix such conditions, if any, as the ERDC may think fit.” No decision has yet been made
PETER Evans and the land which has been awaiting development approval on the “Nine Mile” south of Balaklava. on court costs, with the justices awaiting approaches from legal representatives of both parties. Justice White said: “There are strong grounds for approving Mr Evans’ application. It is nonetheless appropriate to adopt the usual practice and to allow the final planning judgment to be made by the Environment Resources and Development Court. “I allow the appeal and remit the matter to the Environment Court for consideration.” The judgement came as no sur-
prise to Mr Evans who said it was obvious (to him) what the outcome would be. “There’s no surprise there. I could have told council the outcome before the judgement was even handed down,” Mr Evans said. Mr Evans said he would not speak more on the issue until council had its own discussions and he had met with council representatives. Council chief executive officer, Phil Barry, discussed the outcome with mayor James Maitland yesterday afternoon. Mr Barry said he would further
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study and analyse the court’s decision and contact councillors. The on-going saga had developed over more than a year after council first rejected planning approval for the house to be built on land zoned as primary production. The Plains Producer reported in September last year if the appeal went against council, there could be implications for WRC’s Development Plan and possibly other SA councils. Costs last year were estimated to be more than $100,000. These are expected to increase with this latest court appearance.
Griffiths out as Liberal deputy Liberal MP for Goyder, Steven Griffiths, decided not to run for the position of deputy leader at yesterday’s Liberal party-room vote. Mr Griffiths told the Plains Producer he was very proud of the eight months he had as deputy opposition leader, but said it was time for a change. “It’s been a difficult couple of days, but it was a time for change and I needed to recognise that,” said Mr Griffiths, who held the Shadow Treasurer’s portfolio. Shadow portfolios had not been allocated when the Plains Producer went to press, however Mr Griffiths was politically damaged before the election over a costings gaffe on Royal Adelaide Hospital’s rebuild. “I will always be interested in the finances of South Australia and will continue to represent Goyder – which is my number one plan at the moment,” he said. Mr Griffiths congratulated the new Deputy, former Opposition Leader Martin HamiltonSmith, who defeated another former leader, Iain Evans, 10 votes to eight, at the party meeting. Mitch Williams was balloted out in the first round. Isobel Redmond was reelected unopposed as Liberal Opposition Leader.
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