UPDATE: Just when you thought it was safe to go back into the water .... the future of the Little Manly Foreshore is in question again.
After the Land & Environment Court’s recent ruling against Manly Council, it was hoped that the matter of rezoning of the foreshore land from ‘open space’ to ‘residential’ would be taken off the table.
Instead, Manly’s Liberal Councillors have effectively delayed this for another month while further legal advice is sought. If Manly Council intends that the foreshore land be used as public parkland, why would the foreshore need to be rezoned to residential?
The judgement by Justice Biscoe clearly stated that the Mayor's motion of December 2012 to sell-off the land was no longer valid.
It's time Council revisited the four Architect designs which were commissioned in June 2012, but have never been made public, to look at how a park could be created on this land. Council should also prepare a draft plan of management for what is clearly COMMUNITY LAND and stop playing games. It has already cost around $200,000 in ratepayers money in court costs - image what a great park we could have created with that money.
The judgement handed down by Justice Biscoe on 9/10/13 in the Land & Environment court against the sale by Manly Council of two parcels of foreshore land, currently zoned as 'open space' and extensively used by the community, was in favour of the resident action group. He found that the land at 34 & 36 Stuart Street was in fact 'community' land and therefore could not sold by Council without due process.
Council is also to pay full costs. Great win for the residents of Manly and thanks and congratulations to the Save Little Manly Foreshore Group who worked tirelessly to make this happen, and Councillor Barbara Aird who has fought the issue in the Council Chamber for many years.
A copy of the judgment is below:
Candy Bingham, Deputy Mayor & Manly Ward Councillor on Northern Beaches Council. Background in marketing, public relations and community engagement. Author of five business books. Former Lady Mayoress of Sydney. Aka Candy Tymson.