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Coast Park

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Legal Implications - Update

The court proceedings for Coast Park concluded in June.  At this stage we are waiting for the Justice to hand down his findings. 

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;

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;
  • 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.

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.
  • Liaison with residents and the landscaping treatments and final design plans are finalised.
  • The path construction will take in the order of 6 months to complete with landscaping to be finalised soon after. The commencement date will be dependent on the court ruling.
  • 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 Grant Gable at the Department of Environment, Water and Natural Resources via email Grant.Gable@sa.gov.au

We are hopeful to have the legal proceedings finalised soon to enable construction to commence on this community asset.

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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