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Coast Park

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Legal Implications

The court proceedings for Coast Park commenced 25 May, as part of these proceeding the Justice and Senior Council will be undertaking a View of the site on Monday 29 May to inspect the proposed path alignment. In preparation for the View surveyors acting on behalf of BMD Constructions will be pegging the alignment from Terminus Street to Moredun Reserve Grange and Shore Court to Third Avenue Semaphore Park. The alignment will be marked with stakes at 20m spacing along the centre line of the path, it is expected that this work will take two days commencing 26 May and be complete Saturday 27 May. The court proceedings will continue through the remainder of the week.

You may have read in the media or heard from your neighbours about the recent court challenge in regards to the progress of the Coast Park Project between Terminus Street Grange and Third Avenue Semaphore Park.

The details below provides information on the project and legal case:

  • Path alignment has been determined (refer links to the right;
  • BMD Constructions appointed as the Contractor;
  • Contract is formed as a Design and Construct or D&C contract, and final technical design for sections of the path is 90 percent complete;
  • Plaintiffs in the court case are nominated as CEPG Inc, Judith Lorimer Packer and Don Howie vs the City of Charles Sturt & The Minister for the Environment, the Minister had recently added to the legal challenge;
  • Four Directions Hearings have been heard in the Supreme Court by Justice Malcolm Blue;
  • Directions Hearings have sought to finalise the grounds for a court case and date of court hearing;
  • Next Directions Hearing to be held on Tuesday 11 April 2017

In the proceedings, the Plaintiffs have raised a number of claims including that:

  • The community consultation undertaken in relation to the Community Land Management Plan is inconsistent with the Council's consultation policy;
  • The Community Land Management Plan for coastal reserves is inadequate;
  • It is unclear who had the authority to determine the final path alignment;
  • The Coast Park Path is inconsistent with the purpose for which the land was held by Council as per the Crown Land dedications;
  • The project constituted development under the Development Act 1999; and
  • Biodiversity value of the land and consequent impact from the path had not been adequately considered.

Since the proceedings were commenced, a number of other actions have occurred. In particular:

  • A report was taken to Council on Monday 23 January to confirm the final path alignment and the delegations regarding path alignment. The report is available at:
    http://www.charlessturt.sa.gov.au/webdata/resources/minutesAgendas/cl17-01-23a.pdf  Item 6.02;
  • A delegate of the Minister for Sustainability, Environment and Conservation has rededicated certain parcels of Crown Land to explicitly provide for the Coast Park Path; and
  • Development Regulations have been approved and gazetted by the State Government to clearly state that the Coast Park Path is not “development” under the Development Act.

As a consequence of these steps, the Plaintiffs have recently further amended their grounds, albeit many of the original grounds remain and the Ministerial decision to rededicate land has now been included.

How will the above affect the project?:

  • Construction of the entire length of Coast Park will be delayed until a court ruling has been determined.
  • The legal proceedings affect the entire length of Coast Park.
  • Liaisons with residents and the landscaping treatments and final design plans are continuing.
  • The project is still due to be completed by December 2017 as per the funding agreement with the State Government, if this changes, residents will be notified.
  • At this stage the legal challenge does not affect the State Government’s project, Discovery Trail through the Tennyson Dunes Conservation Reserve, Bournemouth Street to Shore Court.  For more information on this section, please contact Damian Moroney at the Department of Environment, Water and Natural Resources via email Damian.Moroney@sa.gov.au

We are hopeful to have the legal proceedings finalised as soon as possible to enable construction to commence and be completed before the summer season of 2017.

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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