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Coast Park Legal Challenge Update

As has been widely reported a community group the CEPG have taken Council to court to prevent the construction of a Path and Boardwalk across part of the coast from Grange to Semaphore South across Tennyson. This would be the last stage of Coast Park in Charles Sturt and is part of the wider project to construct a path from North Haven to Sellicks Beach.

Council have been in court dealing with proceedings brought against Council by the CEPG.  Justice Blue heard the matter in the Supreme Court and today considered the award of  costs and made orders in regard to his decision.

In terms of costs, the Justice heard arguments about what proportion of the CEPG’s costs should be paid by Council.  He has decided to defer his view on this a he wishes to consider how much of the expert witness information in particular presented by the CEPG was pertinent to the arguments.

In terms of orders made the following were determined:

“The Court hereby declares that:

  1. The Management Plan, as defined in paragraph 8 of the judgment herein [2017] SASC 136 (“the Judgment”), is invalid.
  2. The 2016 Path Decision, as defined in paragraph 9 of the Judgment, was and is unlawful.
  3. The 2017 Path Decision and the Delegated Decisions, as defined in paragraph 11 of the Judgment were and are unlawful.
  4. The first defendant by itself or its servants or agents is injuncted and forever restrained from acting in furtherance of, in reliance on, or giving effect to, the 2016 Path Decision, the 2017 Path Decision and the Delegated Decisions.”

 Attached is a plain English summary of the judgement. I hope this provides an understanding of what was a very complicated decision (170 pages).

Coast Park Decision (212 kb)

Hallum Terrace Dunes North
Hallum Terrace Dunes North 

Hallum Terrace Dunes South
Hallum Terrace Dunes South

Hallum Terrace North
Hallum Terrace North

Mirani Court
Mirani Court

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