Two Tails v the Coffs Harbour City Council: It just drags on and on

Multiple award winning winery/restaurant, Nana Glen’s Two Tails Winery and Restaurant, should have been in the Land and Environment Court around about now arguing their case against Coffs Harbour City Council’s (CHCC) many amendments and requests for expensive changes to a development application (DA) that was amended and submitted in 2019.

By The Editor

Instead, at what CCO understands to be at the request of the CHCC via their legal team, the case has now been deferred to August. An extension of between three to four months.

Last year Council, as out lined in a CCO article dated 30 October 2020, tabled a list of 59 items they wanted addressed in order to approve a DA.

Council listed 59 items relating to a wide range of matters they wanted addressed prior to approving a DA. 

Matters such as extra parking, amended access, sound barrier erections, water, toilet and sewerage changes (which had already been done by TT), limits on the number of customers to a table, issues pertaining to a liquor license (something which Council has not authority over – it is a state government jurisdictional matter), opening and closing hours, restrictions on dining on the lawn area, goods delivery limitations and restrictions on the landing of helicopters near the restaurant, to name a few, were itemised and presented to two Tails Management.

These issues were due to be heard this month prior to the granting of a deferral of the case until August.

On 23 February of this year the CHCC sent a new letter to Two Tails listing “Concern about possible unauthorised development (various structures)”.

That new list is outlined below in that letter which we reproduce in its entirety below.

The above inspection was carried out on Thursday 22 April

In the past we have covered how Council’s 59 requests would Two Tails more than a million dollars if agreed to.

We also highlighted that Two Tails legal costs were just north of $500,000 and that they would not be able to claimed if they happened to win the Land and Environment Court case.

That was six months ago and the ‘meter’ on costs is still running.

Why is this happening?

From discussions with other locally based organisations currently in litigation with the CHCC a common belief emerges. That is the belief that a strategy being adopted by Council may be to, in the words of one, “try and bleed those legally opposing them dry” before cases can be finalised.

Of course ratepayers fund Council’s legal cases irrespective of what those cases may be.

We are aware of at least two other organisations who believe they are dealing with similar tactics and hope to write about them in the near future too.

Meanwhile in regards to our award winning winery in Nana Glen the words posted by a Nana Glen business owner, Kelly McLoughlin-Wilden, under our 30 October 2020 story carried a great deal of resonance for us.

Namely;

Looking at the barrage of changes required by CHCC, I find it difficult to support the argument that TT is being treated in a fair, non-biased and legal manner. Issues pertaining to a liquor license? This has nothing to do with CHCC.

Nor is this treatment concomitant with a business-friendly council.

Frankly, CHCC should be giving TT a parade in their honour, not attempting to badger and bankrupt them out of business.

Nor should they be doing this at ratepayer expense.

I look forward to CCO’s next article which purports to examine the motives behind CHCC’s actions. It seems to me that this left the realm of responsible decision-making long ago. This is a vendetta, pure and simple.”

Will You Take Action? | Bizsetup Group

It’s time to take action and show Two Tails we support a tourism enhancing award winning business

Editor; We believe the time has come to choose action in addition to words. We can bring you the stories but sometimes more needs to be done.

This is one of those time in our opinion.

Next Monday 3 May we will announce a plan of action to let people throw their support behind Two Tails. Both materially and morally too.

Stay tuned!

______

Lead photo; Maddy Bannerman of Two Tails accepts one of their many awards, this time from the NSW Business Chamber. Photo: Supplied/NSW Business Chaber

In addition to Two Tails in Nana Glen Baz and Maddy also operate ‘Velvets on the Jetty’ and ‘The Bunker Restaurant and Bar’ at the Bunker Cartoon Gallery (pictured below).

The Bunker Restaurant and Bar

The October 30 2020 CCO article referred to above can be found here; https://coffscoastoutlook.com.au/two-tails-ongoing-da-saga-the-cost-so-far/

6 thoughts on “Two Tails v the Coffs Harbour City Council: It just drags on and on

  1. What happens inside Council in situations such as these? It’s not just Council’s – ratepayers’ – legal costs here. Staff has to source the details and prepare the information for Council’s lawyers for each case. This would necessitate enquiries into several areas of staffing, with considerable staff hours dedicated solely for court actions, with resources tied up. Then there’s liason with lawyers, with corrections and alterations and updates, back and forth.

    How much staff time is spent on court matters; how many resources clogged up; what are the incidental costs, and the opportunity costs? You’d have to wonder how deeply into that building these hidden costs go, what costs are involved by slowing up the system because of it, and what they ultimately total. Especially for this council. I have a feeling there’s a scary amount of money tied up in it.

    We know that in any business wanting to cut costs and expenses, one of the first areas to get the chop is staffing, and the first area that’s automated, as it’s a major figure on the books. Are staff hours and these integrated costs tied to court matters included in any Council self-audits, as separate items? (And would a local-government-teat-suckler in management even think of it?)

  2. P.S. That’s a costing question a councillor could ask, because it doesn’t tread on a particular case before the courts. Bring that on.

  3. As a rate payer for the past 21 years I am disgusted in the way you have been treat at TT by CHCC.
    I cannot wait for the changes in September. Perhaps your DA delays can go beyond the next election and you can re submit , and hopefully the next lot might have some brains cause this lot has none. Just the thought of the employment you are trying to create for me is enough to get approvals.

  4. This is only one of the reasons that our local council is now so unpopular. Two Tails is a good establishment run by people who obviously do their job well, the Council’s actions are making it hard on them to be financially viable by adding unnecessary legal costs.
    Get back to your job of looking after the community like you are supposed to be doing Council.
    And listen to the people!

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