NEWCASTLE councillor Bob Cook says he will offer activists a deal today that includes the removal of the Laman Street fig trees, after legal advice indicated he would probably win a court challenge to last week’s fig-saving vote.
The council voted unanimously last night to make public a legal opinion from a Senior Counsel that says last week’s vote for an independent assessment was unlawful.
Cr Cook said after the meeting that he had obtained personal legal advice and would challenge the controversial decision in court ‘‘as a last resort’’ if necessary.
A council reference group is due to meet Save Our Figs today to discuss the next step in the independent assessment.
Cr Cook said he would attend and ask for a compromise by proposing a legal motion that would allow the assessment to proceed.
Doing so would then require the council to remove the trees ‘‘as soon as practical’’ in line with the council’s earlier resolution.
‘‘Independent assessment and the existence of the trees are not necessarily mutually dependent,’’ Cr Cook said.
That course of action would require Save Our Figs to effectively consent to the removal of the trees.
‘‘I’m an optimist,’’ he said.
Cr Cook said failing a negotiated agreement at today’s meeting, he would consider ‘‘other avenues’’.
They would probably include a rescission motion, which if lodged could halt the independent assessment process until voted on.
Cr Cook said he was confident an independent assessment would validate the council’s existing risk studies.
‘‘There’s been some suggestion that I’m afraid of independent assessment,’’ he said.
‘‘I’m very enthusiastic about independent assessment. The point is it needs to be done in a legal way.’’
Lord mayor John Tate was forced last night to defend his actions in allowing debate on the independent assessment motion, claiming he had not at that time seen a legal opinion that suggested the motion would not be acceptable.
‘‘That was not seen by me until yesterday evening,’’ Cr Tate said.
He said a memo from council general manager Phil Pearce had recommended proceeding with the meeting.
The legal advice says Cr Tate, as chairperson of the meeting ‘‘was obliged ... to rule the motion out of order’’.
‘‘With great respect to the lord mayor, I consider that his approach was erroneous in law,’’ the Senior Counsel said.
The council expects the Newcastle Art Gallery and Newcastle Region Library to open today, after both were evacuated yesterday due to high wind.
Hear about what happened when the area around the figs was closed yesterday
A ‘‘total exclusion zone’’ was put around the fig trees about 1pm, when wind more than 50km/h was measured.
It was the first time the extreme risk mitigation measures had been enforced. Patrons and pedestrians expressed their frustration in Laman Street after having been evacuated or denied entry.
Insurer Statewide Mutual insisted on the measures.
At the same time yesterday, staff members detected smoke in the art gallery and Fire and Rescue NSW crews arrived in the street to investigate.
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