Councillor Chris Harris

The City of Sydney last week agreed to support the community’s fund raising effort for the litigation against Foster’s and Planning Minister Frank Sartor over the CUB site in Chippendale.

Cr Chris Harris, who is actively supporting the case, had requested that a $20,000 grant be made to FOCUS - a Chippendale community group - to help meet the $40,000 estimated costs.

After debate, the majority of councillors decided that council match the Legal Aid grant together with funds raised by the community up to a limit of $20,000, subject to some legal provisos.

The vote was 7-3 with only the three Labor councillors (including Assistant Environment Minister Verity Firth) opposing. (See resolution passed, below)

“This is great news for Chippendale,” said Cr Harris.

“The litigation is a last-ditch attempt to have the community and the environment considered in a long-term project that will triple the population and car ownership in this charming inner Sydney suburb.”

“It is a real message to Frank Sartor that his takeover of the site using the unpopular part 3A planning laws is anti-democratic and that the concept plan that he approved is unsustainable.”

Outstanding Legal Counsel

Strong Legal Counsel for the community has been confirmed. Francis Douglas QC is one of Australia’s leading barristers. Junior counsel Jason Lazarus is a rising star in the legal profession and an expert in Land & Environment Court matters.

Cr Harris has written to Frasers, the developers who recently purchased the site from Foster’s, requesting a meeting to discuss what the developer needs to do to create an environmentally sustainable development.

Fundraising event

Supporters of the case can help kick it along at a fundraising event to be held on 11 July at the Guthrie Theatre, UTS (6.30-8.30pm, Lebanese finger food, drinks available for purchase, $30 contribution, enter off Harris Street).

Speakers will include Ian Kiernan AO from Clean Up Australia, Green bans legend Jack Mundey, Chippendale resident and sustainability expert Michael Mobbs, Cate Faehrmann, Executive Officer of the Nature Conservation Council and Caroline Pidcock, past president of the Australian Institute of Architects.

Around $5,000 in public donations has already been received and further pledges indicate that the fund raising drive will reach its target before the case on 25 July.

Recycle your dead mobile phone and help raise some money for the CUB case

Local reside Amy Kelly will collect all previously loved mobile phones at the fundraiser event and recycle them. Each phone will raise $5 towards the case.

Contact Amy Kelly on  0405 978 756.

Resolution passed by City of Sydney 25 June ‘07:

Council: 

1. Notes that the community has mounted legal action against the Minister for Planning and Fosters Ltd over the approval of the concept plan for the CUB site. 

2. Notes that the matter is listed as “Drake-Brockman v the Minister for Planning & Carlton United Breweries” LEC Proceedings No 40186 of 2007. 

3. Notes that Legal Aid has indemnified Drake-Brockman against the costs of Fosters and the Minister, and has made a small grant of $10000 to Drake-Brockman. 

4. Notes the estimate of Drake-Brockman’s costs by the Environmental Defenders Office to be $40000. 

5. Notes that the Chippendale community is currently raising funds to assist with the litigation. 

6. Resolves to support this community fundraising in principle by matching contributions raised from the community and the Legal Aid Commission to fund legal fees to a maximum value of $20,000, subject to clarification of Council’s legal position and appropriate process, noting preliminary legal advice that: 

(a) Council could be prohibited from lending monies under Section 625 of the Local Government Act; and 

(b) A grant may fall outside Council’s current policies, requiring the proposal to be exhibited for 28 days in accordance with Section 356 of the Local Government Act;

7. Delegates authority to the Chief Executive Officer to:

(a) enter into an appropriate agreement; and

(b) if necessary, place the proposal on public exhibition and report back to Council;

8. Requests the Lord Mayor to seek a meeting with the new owners of the CUB site and appropriate State Government representatives to encourage commitment to a landmark sustainable development.