Flood levee hits a snag
A COUPLE who bought two of Murwillumbah's iconic art deco buildings has locked horns with Tweed Council over their development potential.
One of the owners, Ms Morning Clouds, told Tweed Council this week that she hoped the issues involved could be resolved through commonsense rather than expensive litigation.
Ms Clouds said she and her partner had moved from the Victorian border town of Echuca and bought Mulvin House and Astor House in Commercial Road through their trading company, Yelfor Pty Ltd.
She said they obtained development consent in 2002 to build a deck at the rear of Astor house containing two restaurants and an outdoor dining area and toilets at the rear of Mulvin House to capitalise on the river views.
But they later discovered that the council had built two levee walls on their properties without placing an easement on the titles.
"We have obtained legal advice and we are of the opinion that if the matter were to be pressed an easement would be ordered by the Supreme Court for the primary levee wall," she told the council's community access meeting.
Council staff had advised them that they could remove a secondary levee wall and a filled walkway at their own expense, but they had received legal advice that if they did so they would negate any comeback for compensation.
She said the walls prevented them from maximising the use of their properties and they had suffered a commercial disadvantage "as a result of of public structures and facilities located on the land".
"Please note that this is a development for small coffee shops and restaurants for the benefit of Murwillumbah and surrounding community," Ms Cloud said.
She also hit out at the mural on the levee wall, saying it was grotesque, failed to convey a warm welcome and should be removed.
Do you think the walkway and mural should go? Email us on firstname.lastname@example.org or write to PO Box 6336, Tweed Heads South, 2486.