Another year has passed and the Tamborine Mountain Progress Association is still operating, but only just.
When the Supreme Court judgement came down against us (on a technicality – & we still think we were right) in September last year, Scenic Rim Regional Council didn’t waste any time deciding to pursue the association for costs. Claiming this move was necessary in order to replenish moneys for ratepayers, Council continued on its merry way squandering money right, left & centre.
Instructions were issued to Council lawyers to pursue TMPA for costs.
On 7th February, according to a resolution of the Progress Association’s general meeting in February, we wrote to Council’s lawyers making an offer payable over five years. In May, Council’s lawyers, on behalf of Scenic Rim Regional Council, agreed to the offer and issued a Settlement Agreement for the association to sign.
Most of this was standard stuff, but it contained a confidentiality clause which presented the association with major problems.
With an election looming, Council was in a great hurry to deal with this embarrassing situation and sweep it under the carpet quickly.
For the last few months, in communications with Council lawyers, the association informed them of problems with the confidentiality clause, but the Council CEO has not budged and insists it stays.
First of all, Tamborine Mountain Progress Association is a registered Community Purpose organization and its activities need to be open to public scrutiny. It needs to go public in order to raise the funds offered to Council in settlement and a media campaign needs to be mounted.
Also the association cannot account for actions of members who join it in the next five years and there also is a need to inform members just how their subscriptions are being used.
The lawyers have been instructed by Council that if the agreement is not signed in seven days after the September meeting, they are instructed to proceed to a default assessment of the costs statement.
That is, they will shut down TMPA.
The Hyacinth Case Continues
With overtones of the last minute huge escalation of the Hyacinth rezoning in 2008, done three days before Council elections, Council has done it again.
Back then, the dismembered Beaudesert Shire Council left a huge mess for the incoming new Council, as well as rewarding a developer with a massive monetary windfall.
In July, at the Planning & Development Subcommittee meeting of Council in Beaudesert, Council again set up one great big mess for whoever is in office in 2012. They gave the green light for the 43 lot unworkable Hyacinth subdivision to proceed.
The Receiver for Hyacinth Developments Pty. Ltd. has asked for an extension of time to finish off the capital works connected with the 43 lot subdivision which was allowed by the court.
Now one could well wonder why this has come about, given that buildings cannot happen on these tiny blocks according to the Rural Character zoning in which they are located.
Nor was it clear in the judgment just what conditions attaching to this subdivision still existed.
However, as works had commenced at an earlier time, and with Council’s encouragement, the developer wishes to complete his capital works programme.
Council approved an extension of one year. This allowed the capital works to be done by March 2012, leaving three months to lodge an application for the lots to be built on, with a closing date of June, 2012. If the same Council gets reelected they will no doubt just pass it, but any responsible Council would be faced with a major problem.
Jeannette Lockey is a member of the Tamborine Mountain Progress Association and has held several positions with the organisation.