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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.

PMC
23rd January 2013, 09:36 PM
I am really sad to here about this situation!

However, if these dick-brains do not want a very reputable business like Berrima Diesel operating in it's locality, I know Coffs Harbour and Woolgoolga would like to see the business relocate to our area!

Regards,

RLI

dads tractor
23rd January 2013, 10:21 PM
who are the neighbours objecting

lorrieandjas
23rd January 2013, 11:14 PM
Hey mate. Email sent. Hate seeing honest business being railroaded. If you have a contact or affiliation and need some free assistance with respect to legal advice - PM me.

Jas

NissanGQ4.2
24th January 2013, 05:38 PM
who are the neighbours objecting

not sure, I will see if I can find out

threedogs
24th January 2013, 06:25 PM
I know of plenty people from Melbourne that stop at Berrima diesel specifically on their trips north.
Must be sitting on a Gold Mine ,Keep the Property for its intended use or just storage so neighbour
can't get his grubby little hands on it. Think the son is Andrew so fight the fight cause you know you're right

NissanGQ4.2
13th June 2013, 05:32 PM
Just an update - Posted today on there FB page

Whilst we wait for the NSW State government to address our situation some interesting info.

NEIGHBOUR - This picture is the newly cleaned up adjoining fence area with 'The Neighbour' who initiated the spurious 'security light' complaint that began the whole saga we are in today. The same neighbour who has most recently separated all his blocks of land up in what we can only guess is preparation for subdivision. After complaints by ourselves and our fellow neighbours about the high Fire Risk from his blocks we saw on the weekend the Volunteer Bushfire Brigade clearing his boundary fences with brush-cutters. They informed us he 'cant do it himself'. Hmmmmm....interesting to consider the same 'poor old man' had plenty of money to legally de-rail and challenge any mediation between the Council and ourselves in court and again put my land and business in a precarious position. The same neighbour that when at our cost we repair the fence line he complained he couldn't pay for any fence repairs.

Berrima Residents Association - After having had enough of the continuing misinformation campaign by the BRA Committee I have finally taken a stand and legally put the association on notice that any further misleading information will lead to court action. That means every member will be liable to legal costs! Remember I have been rejected from joining the association....well they 'unanimously accepted my wife's application. Again at recent meetings my parents who are members have been at times asked to leave when there is any talk about Berrima Diesel......what are they trying to hide from everyone? Make sense? I'm as confused as everyone else with the rogue committee. Anyway we are prepared for more misleading arguments to come out of the Rogue BRA committee once our application and proposal goes onto public display.

So far the running total of legal and experts costs has totalled $220,000 virtually extinguishing the running income flow we need to run this business!!! Just madness if you ask me!

In the meantime we keep 'holding our breath'!!

Call this post what it is - REALITY.

30220

threedogs
13th June 2013, 06:05 PM
From my fencing days its law to share costs for any repairs or replacement of boundry fences to council standard,
If you want anything fancy or different you pay the difference and the other body only pays Standard fencing
rates. You used to be able to get Fence dispute papers from a news agency. Maybe Berrima can take the neighbour
to court over fencing costs

NP99
13th June 2013, 06:17 PM
Madness at its best......