No challenge by council on marina

By PETER CATON

GOVERNMENT approval of the controversial 115-boat Chinderah marina won't be challenged by Tweed Shire Council.

Despite pleas from community groups, businesses and farmers last week for the three government-appointed administrators to take NSW Planing Minister to the Land and Environment Court over the approval, the administrators decided a legal challenge would be inappropriate.

The decision was made in private between the administrators on Monday following secret legal advice provided by the council's solicitors on Friday.

Objectors to the $4 million marina plan had argued it would worsen flooding upstream, with possibly disastrous effects on homeowners, businesses and the cane industry.

If the administrators had been prepared to challenge the decision in court, they would have had to call an emergency meeting prior to the next scheduled council meeting on May 23 because the deadline for a court appeal is May 17.

Executive assistant to the administrators Genevieve Slattery said after considering the legal position and the likely cost the administrators had decided it was not appropriate to use ratepayers' money to challenge the approval in court.

She said the legal advice could not be released because it was confidential but had partly focused on the lack of precedents for such a challenge.



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