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27 February 2007 - Ordinary Meeting of Council (pdf. 14MB)

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<strong>Ordinary</strong> <strong>Meeting</strong> <strong>of</strong> <strong>Council</strong> - <strong>27</strong> <strong>February</strong> <strong>2007</strong> 6 / 4<br />

Item 6<br />

S02466<br />

6 <strong>February</strong> <strong>2007</strong><br />

The larger categories are appeals in respect <strong>of</strong> residential apartments (25%), and dual occupancy<br />

(20%).<br />

The “Other” category in the previous chart comprises single dwellings, fences, demolition,<br />

telecommunications structures and appeals against conditions <strong>of</strong> consent.<br />

COSTS<br />

During the half year ended December 2006, <strong>Council</strong> expended $382,100 on legal costs and<br />

associated expenses in relation to Land & Environment Court matters. This is $417,900 less than<br />

the revised budget <strong>of</strong> $800,000, which is $319,200 less than the same period in 2005/2006 and<br />

$453,900 less than the same period in 2004/2005.<br />

These costs are made up <strong>of</strong> legal fees, fees charged by consultants retained as expert witnesses<br />

(largely court-appointed experts) and other costs incurred as a result <strong>of</strong> <strong>Council</strong>’s role in the<br />

proceedings. In addition to expenditure on appeals, a further amount <strong>of</strong> $6,600 was spent on expert<br />

legal advice regarding development assessment matters.<br />

Legal Costs and Associated Expenses<br />

2002/2003 - 2006/<strong>2007</strong><br />

Financial Year Total Costs 1st quarter<br />

September<br />

2nd quarter<br />

December<br />

3rd quarter<br />

March<br />

4th quarter<br />

June<br />

2002/2003<br />

(76 appeals lodged)<br />

2003/2004<br />

(128 appeals lodged)<br />

2004/2005<br />

(135 appeals lodged)<br />

2005/2006<br />

(71 appeals lodged)<br />

2006/<strong>2007</strong><br />

(31 appeals @Dec)<br />

$2,252,000 $302,000 $452,000 $665,000 $833,000<br />

$2,205,000 $468,000 $378,000 $605,000 $754,000<br />

$1,867,000 $<strong>27</strong>4,000 $562,000 $314,000 $717,000<br />

$1,239,900 $338,350 $362,950 $329,300 $209,300<br />

$382,100 $187,800 $194,300<br />

The above table indicates that despite the number <strong>of</strong> appeals having remained <strong>of</strong> a similar order,<br />

there has been significantly less costs incurred compared to the same period <strong>of</strong> the previous year.<br />

N:\0702<strong>27</strong>-OMC-SR-03649-ANALYSIS OF LAND ENVIRON.doc/athaide /4

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