PLANS to sell the Bruce Bishop car park may be unlawful and will have to be put on hold after a challenge today by the Save Surfers Paradise Steering Committee.
Committee coordinator Surfers Paradise business operator Deborah Kelly said a legal sub-committee chaired by retired Judge Clive Wall QC had found the decision to sell was unlawful and had been reached in clear contravention of basic administrative law principles.
“Both the steering committee legal sub-committee and ourselves have today written to GCCC CEO Dale Dickson giving notice of intent to lodge an administrative complaint under section 268 of The Local Government Act,” Ms Kelly said.
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“The Council is obliged under the Act to resolve that complaint.
“We have also requested that until that is done, GCCC take no further action in relation to the sale of the Bruce Bishop Car Park.”
“It is of great concern that the Council is moving ahead issuing a tender to appoint agents to sell the site when they haven’t even satisfied their own pre-condition to produce a detailed report as to how parking will be managed on site during redevelopment. Their actions are incredibly premature.”
Judge Wall also indicated that if the council refused to defer the action as requested, legal proceedings would be commenced for an injunction until the proceedings were resolved by a court.