The ongoing legal stoush over Teen Challenge's drug rehabilitation proposal at the former Meander Primary School continues after two years, with the matter to be sent to the Supreme Court for a second time.
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This new legal action by Timber World continues to fight against the Meander Valley Council's approval of the rehab, but also raises questions about the legal validity of current state planning laws dealing with "vulnerable" use proposals such as prisons, schools or hospitals in bushfire prone areas.
The Resource Management and Planning Appeal Tribunal (RMPAT) dismissed Timberworld's appeal in August, agreeing with Council's submissions that the laws dealing with "vulnerable" developments, on which Timber World's arguments were based, were invalid.
MORE ON THE TEEN CHALLENGE REHAB PROPOSAL:
- 2016: School site goes to Teen Challenge
- 2016: Meander residents concerned about Teen Challenge rehab centre
- 2017: Many in Meander community support rehab centre
- 2017: Teen Challenge appeal heads to Supreme Court
- 2018: Judge sends Teen Challenge matter back to planning appeals tribunal
- 2019: Teen Challenge back before appeals tribunal
This decision gave Christian organisation Teen Challenge the green light to develop its religious-based,12-bed, all-female rehab, but Timber World will now appeal.
This is the second time the Supreme Court has considered the matter, with council appealing in 2017 against an earlier RMPAT decision.
Meander Area Residents and Ratepayers Association (MARRA) president Bodhi McSweeney said the association believes it has a good case to appeal the Tribunal's decision, which sets a precedent for planning approvals in bushfire prone areas.
"We were staggered by the decision, and even more so that council was prepared to dispute the validity of its own planning scheme in order to support Teen Challenge Tasmania," she said.
"It is even more staggering that the council is opposing bushfire-prone area provisions given its exposure to bushfire risks."
Meander Valley Council acting general manager Jonathan Harmey said the bushfire law in question was drafted by State Government, approved by the Planning Commission, and to be applied across every planning scheme in Tasmania.
"As far as Council is aware, this is the first time this particular bushfire clause in the State's code has been legally tested," Mr Harmey said.
"Following RMPAT's decision, Council wrote to the Tasmanian Minister for Planning noting the implications of the RMPAT decision for the future Tasmanian Planning Scheme, as the State Planning Provisions contain the same wording.
"It was suggested that advice be sought by the Minister of the Solicitor General."
Teen Challenge Tasmania founding director Tanya Cavanagh said she was disappointed that the rehab development would again be stalled by legal action.
"What I have learnt is to not get too excited, and let it play out ... the thing that annoys me the most is that the women with children who need this service are missing out, as there is nothing else for them in Tasmania."
Teen Challenge continue to pay lease and other costs associated with the vacant primary school, and Meander Valley Council have spent in excess of $15,000 on legal costs to date.
In June 2019 Marra started a Go Fund Me Page "Keep Meander Primary School in the Community" with a $50,000 target to help with legal costs.
"We're working hard fundraising but battling the Council and the global resources of Teen Challenge over the last two years has resulted in large legal bills," the Go Fund Me page states.
"It will continue to do so, because we want to save our school site from becoming an isolated, off-limits area. The future of Meander as a thriving, creative community is at stake."
