Agronomy company Terra Ag have allegedly promised Griffith City Council they will withdraw their current development application next to the Sikh temple, in exchange for another one being approved.
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The new lot would see the business move its site to the corner of Kidman Way and Thorne road, across the road from the Temple.
Terra Ag had taken Council to the court in a bid to reverse the development application (DA) refusal to build its business next to a Sikh Temple off the Kidman Way.
While the application for the new site has yet to be lodged, council’s agenda says the promise was made “in good faith”.
The original proposed development had caused outrage within the Sikh and wider communities.
Griffith’s Sikh community had argued it was inappropriate for the development it be located next to a sacred space.
Both parties attended mediation on Monday, January 29. The agenda released before Thursday’s meeting indicated the parties had failed to come to an agreement during mediation.
At the meeting, the Sikh community are expected to present their view on whether the new proposed development location is acceptable – even though it is also close to their temple.
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Griffith City Council General Manager Brett Stonestreet said the Sikh community had been involved throughout the mediation and conciliation processes.
“The Sikh community were afforded the opportunity to address Councillors at the Meeting of the 23 January and the Sikh community then participated in the conciliation conference held on Monday 29 January,” he said.
“The Mayor, in light of the length of time that has transpired during the determination of this Development Application, determined that the matter should expedited in the interest of both applicants and objectors and hence called an Extraordinary Meeting of Council.”
Council said three remaining issues need to be addressed in Thursday’s meeting. These include:
- Extent of the sealing of manoeuvring areas for heavy vehicles.
- Number of car parks to be sealed.
- Submission of a detailed landscape plan.
Council says it’s acting on legal advice.
“Solicitors are of the view that the prospects of successfully defending the appeal are poor and could result in the applicant seeking a further costs order,” they said.
In July, the Sikhs rejoiced as the Land and Environment Court of NSW dismissed Terra Ag’s case, on the grounds its proposed development could be “characterised as a heavy industrial storage facility” and is therefore “prohibited” in that zone.
Terra Ag appealed this decision, and the court upheld their appeal – ruling the July judgement failed to prove the development could be classed as a heavy industrial storage facility.