Work is progressing on the Southern Industrial Link Road, with land compulsorily acquired along the southern section of the Thorne Road and Bromley Road intersection.
In order to progress the works, this land was acquired with Council following due processes in purchasing the land from the owner, Mr John Kerrigan. This process included a land valuation from the Valuer General, with the property acquisition finalised in March 2020.
Griffith City Council General Manager, Mr Brett Stonestreet said this has been an ongoing matter which has resulted in legal action.
"Prior to Council taking ownership of the land, Mr Kerrigan undertook illegal earthworks on the site of the proposed road – these works included extensive excavation, with a 'hole' formed within the area which is approximately 70,000m3," said Mr Stonestreet.
"The material from the excavation work was then used to create an embankment along the northern side of the proposed road. These works led Council to commence legal proceedings against Mr Kerrigan."
The works on this section of the Southern Industrial Link Road have been jointly funded by the NSW Government under the Restart NSW Program, and Griffith City Council.
"Under the funding agreement, Council was to complete the works in October 2020, however due to the illegal earthworks undertaken by Mr Kerrigan, Council was unable to meet the deadline which has significantly hampered the progress of this important project," said Mr Stonestreet.
"We are thankful to the NSW Government for their patience and understanding with the circumstances of the delay and appreciate their cooperation – Council has been granted an extension to complete the works on Thorne Road and Bromley Road."
Court proceedings have now concluded, allowing Council to move forward. Under the terms of the settlement, Mr Kerrigan has written to Council to acknowledge that the works undertaken by him were not conducted with development consent, that he was aware that this type of development could not be carried out unless there was development consent and that his actions contravened the relevant planning laws. Mr Kerrigan has apologised for his actions and now commits to cooperating with Council while the site is reinstated.
The settlement further states that Council is to have access to the land, which is currently under the ownership of Mr Kerrigan, adjacent to the southern boundary of the proposed road in order to obtain fill material and reinstate the hole. Council and Council contractors will undertake this work with Council meeting the costs.
Lastly, it was ruled that each party pay their respective costs.
Griffith Mayor, Councillor John Dal Broi said he welcomes the settlement agreement, but is disappointed in the actions of Mr Kerrigan.
"Council has attempted to work with Mr Kerrigan a number of times over the years, and his actions have not only delayed this important road project but has cost Council – and in turn the ratepayers – approximately $900,000," said Councillor Dal Broi.
"There have been significant delays of approximately 2 years for the Southern Industrial Link Road Project, which is a hit to our transport industry – this new road is to improve the productivity with the movement of freight across the Griffith Local Government Area.
"I am relieved that work can now be undertaken to progress the construction of the road and look forward to working with Mr Kerrigan to ensure the project can be delivered in a timely manner," he added.
