A Meander Valley Council appeal in relation to a controversial plan for a Christian-based rehabilitation centre has been upheld by the Launceston Supreme Court.
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The proposal by Teen Challenge Tasmania to build the Home of Hope centre at Meander ended up before the court after a decision by the Resource Management and Planning Appeal Tribunal last year.
Meander company Timber World, with the support of the Meander Area Residents and Ratepayers Association, lodged the initial appeal with RMPAT against the rehabilitation centre.
Both parties claimed the council had incorrectly categorised the facility as a health service when approving the proposed development, suggesting it was instead a residential centre.
The tribunal found the permit was invalid.
It ruled the council had incorrectly categorised the centre and did not properly advertise the development application, but decided it was “without jurisdiction to determine the appeal”.
The matter was then taken to the Launceston Supreme Court in October last year, with the council appealing the tribunal’s decision.
Almost five months later, Justice Michael Brett handed down his decision on Friday.
“The tribunal was obliged to hear and determine the appeal,” he said.
“The decision of the tribunal that it was without jurisdiction in respect of the appeal, is set aside, and the matter is remiited to the tribunal for determination according to law.”
Meander Valley Council mayor Craig Perkins said it was “pleasing a decision had been handed down”.
“It has been a while since the appeal was heard and it can now go back to the tribunal to be decided on planning grounds,” he said.
“It’s obviously been challenging and straining for both sides of the argument. It will be good to get the whole thing finalised and everyone can move on, one way or the other.”
President of MARRA Bodhi McSweeney said it was “just another technicality along the road”.
The 80-member group of residents and ratepayers has been fighting against the development at the former Meander Primary School site since 2016.
“Our members are yet to decide at this point in time what action we will take next,” Ms McSweeney said.
“We are resolved to see the school returned to the community and we will do whatever we need to do to make sure that happens.”
Teen Challenge Tasmania executive director Tanya Cavanagh said the not-for-profit organisation was “now able to take the next step closer to opening the doors of Home of Hope”.
“We have women with children waiting for it to open as there is no service that provides for them in Tasmania, this is urgently needed,” she said.
Melissa Mobbs
A journalist with more than a decade of experience, Melissa Mobbs currently works as the Deputy Editor for The Examiner Newspaper in Launceston, and has a strong background in reporting on crime and the justice system. Send tips to Melissa.Mobbs@examiner.com.au or on Twitter via @melissamobbs.
A journalist with more than a decade of experience, Melissa Mobbs currently works as the Deputy Editor for The Examiner Newspaper in Launceston, and has a strong background in reporting on crime and the justice system. Send tips to Melissa.Mobbs@examiner.com.au or on Twitter via @melissamobbs.
