LET THE COURT DECIDE

Mr. Jeff Oliver, Managing Director of Flirt Adult Stores in Bathurst and Orange has announced today that his legal team had lodged a Class One action in the NSW Land and Environment Court (L&EC) against Lithgow City Council (LSC).

Mr. Oliver said that LSC has exceeded the 43 days to process the Development Application (DA) and that in accordance with NSW Planning Legislation, it is deemed to be a refusal. He also went on to say that LSC, had through the DA process put unrealistic, unreasonable and unjustified conditions on the development, which would have made the development financially unviable.

Mr. Oliver went on to say, he had tried to negotiate with LSC through the lengthy DA process. However it was clear LSC is not in favor of such a development in any form and would continue to request unreasonable and unjustified conditions on this DA.

Mr. Oliver said, it was a last resort going to the court’s, however I have no other choice after negotiations failed and it was made clear to me at an earlier meeting with senior council staff that they would make every effort to make the DA process as difficult as possible.

Mr. Oliver went on to say that he had never dealt with a more ill informed or unprofessional council, Mr. Oliver said Bathurst and Orange councils had handled very similar matters and these Councils had never made such unreasonable requests and acted professionally through the process.

The court action is expected to be costly to both parties and could exceed $50,000. Ratepayers need to ask their Councilors weather the cost is justified and what would be gained by this level of expenditure. Lithgow Council has a history of fighting unwinable court cases though the courts and wasting considerable amounts of ratepayer’s funds.

Mr. Oliver said previous court actions including the proceedings involving Dubbo City Council through the L&EC have shown that this application has every likelihood of being successful.

For details on the development please contact Mr. Jeff Oliver on 02 6331 7222.
www.flirtadultstore.com.au
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