Ruling looms on fate of kiosk replacement

NEWS

A court decision is imminent on a long-running legal battle over a replacement for the New Farm Park kiosk burnt out almost a decade ago.

Local councillor David Hinchliffe in a recent leaflet letterboxed to local residents said the decision would finally put the matter to rest, with no further grounds for appeal possible.
Cr Hinchliffe wrote: “As you may already know, both parties in council have opposed the kiosk. Both I and the Lord Mayor rejected the application in 2004. The applicant immediately appealed council’s rejection. The appeal is now six years old. The court has heard all evidence and the decision is imminent.”
Cr Hinchliffe said that after the park’s original kiosk burned down in 2000, the existing lessee was given the right to lodge a new application subject to it meeting all town planning criteria.
“His application did not meet those criteria,” Cr Hinchliffe says in his letter. “It was therefore rejected by council. The appeal then followed.
“I hope – and I’m sure the Lord Mayor hopes – that the court will uphold the decision made by all councillors on both sides of council and reject the application. “If the court approves the applications (perhaps with new conditions), the council has no further recourse. The court’s decision is final.”
Cr Hinchliffe says that anyone who wants to know the court decision as soon as it is received, should email him at central.ward@ecn.net.au and he will forward the decision on.