27/3/03

Residents group Hunter Ecologically Sustainable Employment Group Inc (more often known as Friends of Tumblebee) have lodged an application in the Land & Environment Court asking for the consent granted by Cessnock Council for the access road into the Tomalpin Industrial Estate to be declared invalid.

A 'directions' date has been set for April 14th. A spokesperson for the group, James Ryan, said advice given to the group led them to believe they had a very strong chance of success in having the consent declared invalid.

'We believe that the statutory requirements for environmental assessment and impact were not met.' Mr Ryan said. 'We are reluctantly proceeding to court. Up til now we have been trying for a negotiated outcome that would have been less costly for all involved.' 'If the Court does declare the road invalid we believe it would be appropriate for new Transport and Water Cycle strategies to be developed to cope with the environmental sensitivity of the site.' Mr Ryan said.

Mr Ryan said the Friends of Tumblebee are extremely hopeful that the long list of environmental guidelines placed on public exhibition and adopted by Cessnock Council will be adhered to in any future Development Applications.

'If Council had taken into account the request of many of the submissions made by the public for greater assessment of the Forest Redgum then we would not be in the position now of having to go to court and the resultant extra cost for the Council, Developer and residents.'