Court action no joy ride

KATINA CURTIS

A LOCAL developer has blasted Kiama Council, saying it has its priorities wrong and is "running round prosecuting people".

Jim Eddy, the owner of Jamberoo Action Park, said the council should instead concentrate on clearing a backlog of development applications.

He made the comments after the council resolved to prosecute him for allegedly starting work on a new ride at the recreation park before consent was granted.

Mr Eddy said the construction was "remedial drainage" work.

"We removed two excavators from the street, took them on to the site and did some remedial drainage work that we believed we were entitled to do," he said.

But council environmental services director Andrew Knowlson said the work was started without the development consent it needed.

"Council hasn't finalised the approach it intends to take but has resolved to prosecute," he said. "Council doesn't take this sort of action lightly. It is particularly important that everyone, including the development and tourism industry, takes a responsible and legal approach to development.

"This is no less so for the owner of the Jamberoo Recreation Park, who invites the public on to the premises."

Mr Knowlson said it was not the first instance this had occurred at Jamberoo Action Park, but would not give details of previous occurrences.

Mr Eddy called the legal action "unjustifiable" and said the first he had heard of it was when approached by media.

"(The council) has got all the time in the world to run off to their lawyers but no time to sit down and talk with developers and say look, we've got a problem," he said.

"This is a meaningless exercise because this is about council showing me and the rest of the community they've got a big stick, they've got the backing of the Land and Environment Court."

Mr Knowlson said council officers had spoken to the applicant during the processing of the development application and indicated it would be in his interests to cease any further work.

The Independent asked Mr Eddy about this, but he did not respond before publication.

Recently, the council took Gerringong Developments Pty Ltd to court for undertaking building works at 1 Fern Street, Gerringong, without consent.

That company was fined $20,000 plus costs of $16,000 by the Land and Environment Court.