The Appeal against the Council Vote
As most people will be aware the Cairns Regional Council voted down the Lavis Development Application. As expected Mr. Lavis ("The Appellant") has appealed the decision and is taking the council ("The Respondent") to the Planning and Environment Court.
Everyone who submitted an objection has been invited to join with the Council (as a Co-Respondent).
This means we can all, as individuals, stand up and go to court as partners to the council. At present the council still has an option NOT to defend their decision and at any point along the case could reverse their decision by not fighting the appeal.
It requires committed residents to keep reminding the council that we want them to continue to uphold the decision we asked them to make.
One way is to join with them in the court case, in some way. The other is to continue to lobby the council to remind them we haven't forgotten about the issue.
In terms of joining the case as Co-Respondents.
This does present individuals with some significant issues.
Firstly the cost and time of getting lawyers and going to court. Then the risks of awarding costs against co-respondents if the court finds against the council.
Does the CH & HP Inc. recommend that individuals become Co-Respondents?
Well, you can if you want to! But it is probably safer to become a member of the CH & HP Inc. and be part of the CH & HP Inc.'s election to be a Co-Respondent.
Is this a safer way? Yes. The Cairns Hill & Habitat Protection Inc. can put in an "Election" to be a Co-Respondent on behalf of it's members. In this way the members can still be part of the issue but be protected from awarded costs.
CH & HP Inc. at a meeting on the 11th of November resolved to become a Co-Respondent.
What does this mean?
The CH & HP Inc will submit a form and and become a co-respondent.
We will then liaise with the Environmental Defenders Office and lobby experts to help us develop a case, expanding on issues we have raised previously, or emphasizing some issues which seem to have not been addressed by the Appellants appeal.
Because of the structure of the Incorporation individual members will then be protected from individual risk.
So at this point individuals have only a couple of choices to make:
Major Choice:
Do I sign up and continue to be involved?
Do I just let the council contest the case?
Minor follow on choices:
(These can go on no matter your answer to the major questions.)
Do I do nothing at all?
Do I continue to lobby the council to ensure they DO keep on the case and not quietly drop the defence.
So what should you do?
Minor Choice:
No matter what major choice you make the minor choices are "no brainers"! The council does have an option to quietly not defend their decision and let the case go in the Lavis's favour. But after all our efforts this is not what we want. The council needs to be reminded we are all still against the development and we expect the council to have the courage to continue on our behalf.
What would it take?
Like before....emails, phone calls to councillors to keep them remembering we want the case to go to court.
Major Choice:
Do I join with the CH & HP Inc or not? We hope this question is also a "no brainer". The issue will go in Favour of Mr. Lavis if we essentially abandon the Council. The Council has to see that we have maintained our interest and we still have enough drive to continue on the case.
