Community action group Save Mount Gilead Inc say they are confident they will win their court action against the rezoning of a 210 hectare portion of Mount Gilead Estate.
The hearing in the Land and Environment Court of NSW was completed last Thursday.
Coincidentally, that was also the last day of the submission period for the NSW Heritage Council’s consideration for listing Mount Gilead Estate on the State Heritage Registry.
In a media statement issue last Friday, Save Mount Gilead Inc said they believed the NSW Heritage Council will also rule in their favour.
“We’re very optimistic,” says Erik Rakowski, the communications officer of Save Mount Gilead Inc.
“We have no reason not to expect that both the Heritage Council and the Land & Environment Court will return affirmative, common sense and legally sound determinations respectively,” he said.
A determination from the Heritage Council is expected in a month or so, whereas a judgement from the NSW Land & Environment Court could be two to three months away.
“We take a great many issues with the rezoning of Mount Gilead,’’ Mr Rakowski said.
[social_quote duplicate=”no” align=”default”]“The primary contentions submitted to the court were based on our firm belief that the estate’s heritage significance and the region’s air quality were not appropriately considered by either Campbelltown City Council or the Department of Planning and others.[/social_quote]
“When Campbelltown City Council supported the planning proposal late last year, we were of the strong opinion that it was hugely out of character and contrary to previous positions of council – particularly its strong stance against Leafs Gully Power Plant.
“At that time council conducted its own air quality study and even had it peer reviewed to confirm the poor background air quality,’’ he said.
“Council also opposed the Leafs Gully Power Plant on the grounds of protecting Campbelltown koala corridors.
“We were quite shocked by what seemed like an 180 degree change of direction by council late last year and that is why we were forced to take legal action at great cost to the community,” he said.
“That said, we understand that the majority of councillors elected in September 2016 were new councillors.
“Consequently it is possible that the new councillors were not aware of past positions, projects and reports.’’
Sue Gay, the public officer of Save Mount Gilead Inc, said the main focus of the group has been to help keep South Campbelltown, Appin and Greater Macarthur “covered in green’’.
“Many individuals have worked tirelessly, as we have endeavoured to protect this historic farm and biodiverse region from an unnecessary tsunami of black roofs,’’ Ms Gay said.
“I’d like to say it’s been a rewarding couple of days [in court]; but in truth it has been a gruelling few of years for me, my family, my friends, the community and our association.’’
We can only hope