NissanGQ4.2
23rd January 2013, 08:43 PM
Below is a copy of a post today on Berrima Diesel's face book page, please take the time to email the Mayor and help save this business from having its doors closed on them
I am not affiliated with the company nor have I had any work done in their shop.
Cheers
Todd
To keep all of our supporters informed below is a timeline/summary of events leading to our current situation.
As you can see we had no problems with anyone for over 20 years so we have to question why it's suddenly an issue. In October last year we had reached agreement with council and then the neighbour derailed that. That action by the neighbour has essentially ended any legal options for us and the legal system has let us down badly. An expensive and exhausting time wasting exercise thanks to the neighbours actions. We have spent over $100,000 trying to resolve an issue caused by council error only to have it derailed by the neighbour.
Our only option now is for council to withdraw the original order and make a new one, giving us time to explore the site specific rezoning.
We are not seeking preferential treatment from Wingecarribee Shire Council. We simply want an opportunity to explore (as was agreed with Council) with the relevant authorities if we are entitled to obtain a “site specific re-zoning”. As was agreed with Council, we will undertake to carry out all requested conditions imposed by Council and any other authority to try to achieve that end. If however the relevant authorities consider the application and decide that the operation of Berrima Diesel still offends the zoning requirements of the area then so be it. We would at least like to let the umpire decide but currently the neighbour has used the legal system to bully both us and the council into a situation where we wont even have a chance to explore the site specific re-zoning.
If you’d like to support us please email the Mayor directly Clr J G Arkwright (Juliet) Mayor - juliet.arkwright@wsc.nsw.gov.au
and request that council withdraw the original order and make a new one, giving us time to explore the site specific re-zoning.
Timeline/Summary
1. Berrima Diesel was established in 1985.
2. Wingecarribee Shire Council (“Council”) wrote a letter to Berrima Diesel on 3 April 1990 advising that they had “existing use” rights and that Council had no objection to continued use as a vehicle repair station. Berrima Diesel relied upon this correspondence and developed the site.
3. Berrima Diesel operated on site without any complaint until 2010.
4. The law says that Council cannot be held responsible for providing incorrect advice – even though Berrima Diesel had relied upon that advice for 22 years to their financial detriment in that they developed the site.
5. Council issued an order in May 2012 ordering the removal of Berrima Diesel because use of the site for a vehicle repair station was a “prohibited use”.
6. The owners of Berrima Diesel challenged the order issued by Council at the NSW Land & Environment Court.
7. On 21 September 2012 an “in principle agreement” was reached with Council that gave Berrima Diesel 3 years to make application to Council for a site specific rezoning to permit continued operation form the site.
8. Berrima Diesel agreed to accept the “in principle agreement” with Council and undertook to accept a number of strict requirements to enable the site specific rezoning to occur.
9. On 2 October 2012 Berrima Diesel and Council returned to the Land & Environment Court to ratify their agreement. On this date neighbours of Berrima Diesel filed a notice to join the proceedings and object to the agreement reached with Council.
10. The Court gave the neighbours leave to join the proceedings. The neighbours formally registered their objection to the agreement with Council and it came to an end - meaning that Berrima Diesel have to vacate the site by May 2013 and can not, at law, operate from the site beyond that date.
I am not affiliated with the company nor have I had any work done in their shop.
Cheers
Todd
To keep all of our supporters informed below is a timeline/summary of events leading to our current situation.
As you can see we had no problems with anyone for over 20 years so we have to question why it's suddenly an issue. In October last year we had reached agreement with council and then the neighbour derailed that. That action by the neighbour has essentially ended any legal options for us and the legal system has let us down badly. An expensive and exhausting time wasting exercise thanks to the neighbours actions. We have spent over $100,000 trying to resolve an issue caused by council error only to have it derailed by the neighbour.
Our only option now is for council to withdraw the original order and make a new one, giving us time to explore the site specific rezoning.
We are not seeking preferential treatment from Wingecarribee Shire Council. We simply want an opportunity to explore (as was agreed with Council) with the relevant authorities if we are entitled to obtain a “site specific re-zoning”. As was agreed with Council, we will undertake to carry out all requested conditions imposed by Council and any other authority to try to achieve that end. If however the relevant authorities consider the application and decide that the operation of Berrima Diesel still offends the zoning requirements of the area then so be it. We would at least like to let the umpire decide but currently the neighbour has used the legal system to bully both us and the council into a situation where we wont even have a chance to explore the site specific re-zoning.
If you’d like to support us please email the Mayor directly Clr J G Arkwright (Juliet) Mayor - juliet.arkwright@wsc.nsw.gov.au
and request that council withdraw the original order and make a new one, giving us time to explore the site specific re-zoning.
Timeline/Summary
1. Berrima Diesel was established in 1985.
2. Wingecarribee Shire Council (“Council”) wrote a letter to Berrima Diesel on 3 April 1990 advising that they had “existing use” rights and that Council had no objection to continued use as a vehicle repair station. Berrima Diesel relied upon this correspondence and developed the site.
3. Berrima Diesel operated on site without any complaint until 2010.
4. The law says that Council cannot be held responsible for providing incorrect advice – even though Berrima Diesel had relied upon that advice for 22 years to their financial detriment in that they developed the site.
5. Council issued an order in May 2012 ordering the removal of Berrima Diesel because use of the site for a vehicle repair station was a “prohibited use”.
6. The owners of Berrima Diesel challenged the order issued by Council at the NSW Land & Environment Court.
7. On 21 September 2012 an “in principle agreement” was reached with Council that gave Berrima Diesel 3 years to make application to Council for a site specific rezoning to permit continued operation form the site.
8. Berrima Diesel agreed to accept the “in principle agreement” with Council and undertook to accept a number of strict requirements to enable the site specific rezoning to occur.
9. On 2 October 2012 Berrima Diesel and Council returned to the Land & Environment Court to ratify their agreement. On this date neighbours of Berrima Diesel filed a notice to join the proceedings and object to the agreement reached with Council.
10. The Court gave the neighbours leave to join the proceedings. The neighbours formally registered their objection to the agreement with Council and it came to an end - meaning that Berrima Diesel have to vacate the site by May 2013 and can not, at law, operate from the site beyond that date.