TWO separate actions were lodged in the Victorian Supreme Court against the Greater Shepparton City Council last week.
The actions by law firm, Minter Ellison, on behalf of developer Shepparton Pty Ltd, and Wisewould Mahony, on behalf of MARL Enterprises Pty Ltd, which trades as Fairleys in Shepparton, focus on a Supreme Court judicial review of council’s process in relation to retail development in north Shepparton.
A Fairleys and Michaels IGA stores spokesperson said, “In an affidavit in support of the Supreme Court review solicitor, Philip Bisset for Shepparton Pty Ltd, swears to issues relating to the June 2018 Council Meeting where the plaintiffs were not aware of either the existence of, or the contents of an Essential Economics Report, nor were they informed by the council that it intended to have regard for this report at that council meeting. Nor that they were informed by council that the council intended to rely on expressions of opinion contained in the report in passing resolutions made at that meeting, nor were they given any opportunity to make any submission or comment with respect to the contents of the Essential Economic Report.
“The Wisewould Mahony affidavit by Robert McGirr for Fairleys, also sets out the claims that the report council relied upon contained a significant error and that at no time had they been provided with a copy of the report, nor had they been invited to provide comment in relation to content of the report. Nor had they been invited to the briefing the council received in relation to the report, nor had they been warned that the council decisions regarding north Shepparton retail area at the June 18, 2018 meeting were to be or might be influenced by the matters set out in the Essential Economic Report.
“This legal action is yet another step in the planning process which has seen the same developer and Fairleys take council to VCAT for two failures to exercise a decision regarding a planning application for their businesses in north Shepparton. Those VCAT hearings were settled to the developer and Fairleys’ satisfaction and eventually planning permission for two stages of retail and supermarket development were granted by consent of all parties including that of council.”
