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 Legal advice says three proposed motions on figs unlawful 

Legal advice says three proposed motions on figs unlawful

15 Nov, 2011 08:20 AM
CONFIDENTIAL legal advice obtained by Newcastle City Council says three proposed motions on the Laman Street fig trees are all unlawful.

The matter is set to be debated for the 21st time tonight.

An extraordinary meeting held last week was adjourned so the council could seek legal advice about three proposed motions.

The first, moved by Cr Bob Cook and rejected seven votes to six last week, was to undertake an expert assessment before a NSW Land and Environment Court injunction was due to expire.

Cr Michael Osborne had proposed asking the state government to intervene in the matter.

Labor councillors backed a motion to close Laman Street to traffic, erect warning signs, review the council's tree policy and to ask Premier Barry O'Farrell to arrange an expert assessment of the trees.

Senior Counsel John Griffiths said he considered all three unlawful.

"When viewed as a matter of substance and not form, each of these motions puports in different ways to rescind or at least alter the terms of the 19 July resolution [to remove and replace the trees as soon as practical]," Mr Griffiths wrote.

"My opinion is not altered by the fact that an undertaking is currently in place in the NSW Land and Environment Court not to remove the trees."

Mr Griffiths also dismissed legal advice, quoted by lord mayor John Tate at last week's meeting, from Save Our Figs barrister Mark Robinson SC.

He said Mr Robinson "does not adequately address the terms" of a section of the local government act that says a three-month moratorium on rescission motions "cannot be evaded by substituting a motion differently worded, but in principle the same".

If Save Our Figs wins an injunction beyond November 25, the council would then be able to lawfully vote to rescind its decision to remove the trees.

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Date: Newest first | Oldest first
This was all sorted out in the L&E Court last year. Get on with it.

http://www.theherald.com.au/news/local/news/general/council-wins-battle-to-axe-laman-st-figs/1995188.aspx

Posted by James, 15/11/2011 8:40:52 AM, on The Herald
I think this has been the whole intention of the Greenies, to stall until the deadline expires. The vines better come down as soon as the injunction fails, the hard working ratepayers of Newcastle are sick of the waste of time and money.
Posted by Watto81, 15/11/2011 8:46:12 AM, on The Herald
ZZZZZZZZZZZZZZZzzzzzz, Bbbbbbbbbrrrrrr, the trees are falling, ZZZZZZZZZZZZZZZzzzzzzzzzzzz, BBBBBBBBBBbrrrrrrrrrrr, No their not, ZZZZZZZZZZZZZZZzzzzzzzzzzzzz.

Please wake me from this repetative boring nightmare.

Posted by Durka Durka, 15/11/2011 8:51:47 AM, on The Herald
Get on with cutting down these weeds so the SOF group can then focus on something else.
Posted by thinkitthrough, 15/11/2011 8:54:57 AM, on The Herald
Another rate rise i guess will be discussed at the next meeting, we have fools running the city, i believe Port Macquarie council is running better now since they had there clean out, time to follow Port Macquarie's lead.
Posted by shrek, 15/11/2011 9:01:19 AM, on The Herald
The trees have already been deemed dangerous by various experts. I dont understand why we are still debating this? There was obviously enough support in the beginning for the NCC to vote for their removal. Dont let SOF bully the council into reversing this decision. There is a peaceful meeting of like minded individuals happening tonight at civic park 6.30pm to show the council that they still have supporters who believe enough time and money has been wasted on this issue. Its time for the figs to go. If you have had enough come along and show your support.
Posted by Enough is Enough, 15/11/2011 9:06:03 AM, on The Herald
Save our funds Protest TODAY, 630PM in the middle of Civic Park! Bring signs and anyone against this fiasco.
Posted by roger, 15/11/2011 9:07:19 AM, on The Herald
Roll up roll up (cue circus music); for the greatest show on earth. There are at least three positive outcomes most likely to be achieved from this overwhelmingly protracted saga. Firstly, all Council representatives will be sacked or simply not re-elected. Secondly, Save Our Figs (SOF) have been finally exposed as a tiny but loud rabble minority who have continually mislead the public, the Council and Court hearings over many many months; and finally the FIGS WILL BE CHOPPED DOWN. The end is seemingly near thank goodness. Chop chop. Replace Our Figs (ROF).
Posted by 1sandwichshort, 15/11/2011 9:15:04 AM, on The Herald
How many times are SOF going to have the movements rejected before Council puts their foot down and removes the figs?

Look at the Evidence SOF, its all their

Where is your evidence saying they are safe? Have you dug trenches to check the root system? Underground radar?

Come to Civic Park tonight at 630 to show support for NCC and to finally stand up and show newcastle there are people who want the figs replaced and the area made safe again

Posted by Megs, 15/11/2011 9:44:23 AM, on The Herald
Until competent and appropriately experienced professional Structural engineers, geotechnical engineers , aeronautical engineers and statisticians peer review all the arborists reports, I believe we have only the opinion of amateurs in those fields. The aborists can provide "tree and growth facts" and the professionals in the relevant fields then determine whether or not the trees are "safe" and under what conditions.

Until that is done council is not fully informed and acting on advice that is not fully competent in the fields mentioned above. That may be unlawful?


Posted by Master Sgnt Bilko, 15/11/2011 9:51:41 AM, on The Herald
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