Dr of Dundee - 4. D of D Ch 4

All land that is 50% or more cleared with or without a building of any size or shape will be permitted to be sold, but no new or additional buildings will be permitted to be built on the properties.

In addition to this, a 180 metre nature strip will be established from the average high tide mark along the coast from South Charlotte River, east of Crab Claw Island, down to the Fog Bay Road Bridge, and down the coast to the Finnis River.

All existing homes along the coast would be required to not have any new buildings, built within this 180 metre zone, and that any new additions or alterations, must get approval from the council first.

All land located north and east of the township, that has not yet been surveyed, will remain untouched, and also made into Community Nature reserve.

These new by-laws were not a problem for me, even when I now own a majority of the vacant blocks of land along Marege Drive, the closest main road to the coast, and when the by-laws were presented to the community for feedback and review, there was a 92% of the permanent residents who approved of them, the rest either disapproved or failed to register a response of any kind.

Less than three months after the new by-laws had been put into place, at the time, I was in my office at the medical centre, when Tim Hope, knocked and entered my office. “Do you have a bit of time for a chat please?” Tim asked me.

“Err, yes. Is this a medical issue?” I responded, “No, it is community business,” Tim said to me just as Harry Long, Gill Anders and June Wright entered, with June closing the door behind her.

“We have a problem, and we thought since you have the most business experience in regards to purchasing land and going through all of the local and state government approvals process, that you are the main man to ask,” Tim said to me.

“This does sound serious, let’s go out to the waiting room where it isn’t so crowded, and we can have a cuppa while we chat about this problem that the community council has,” I suggested. “Better still, lets go back to the Council conference room, as there are a couple others that want to join in with this urgent conversation,” Tim suggested.

In the first twenty minutes, I was informed that an application by a development company in Singapore, which has an office in Sydney, made an application to develop three blocks of land that they own, totalling 5 acres of land, located on the south side and at the end of Dunheved Road, in South Dundee, plus two blocks of land totalling 5 acres on Mermaid Circuit, which are both right on the coast

Looking at the large map of the town and surrounding area, we could see that on the south side of the road, at least 70% of the land, was cleared, with just one shed on the most southern block, while on the other block, there was only approximately 45% that was cleared.

I could see that most of the people in the room were very worried, that two very large buildings are going to be built on the land on the south side of the road, with about 1500 metres between them.

Harry reminded us that on the beach at Dunheved Road, is the location of the Australian Defence Force Memorial, which is just fifty metres from the nearest boundary of these blocks of land, and that all beach facing boundaries are right on the within the 180 metres of the now coastal reserve.

I suggested that the council organise and urgent community meeting, to let all residents know about this development plan application, and let them decide if it is worth allowing it to go ahead, and everyone present was in agreement to my suggestion.

Just two days later a community meeting was held at the school gymnasium, so as to be able to have everyone attend, and once the reason for the meeting was revealed, there was a large amount of disapproval for the proposed development.

After nearly an hour of allowing local residents to voice their concerns, I put forward a proposal for a community vote to recommend to the Dundee Community Council to reject the development application, based on the large number of local residents objecting to the development application.

Ten minutes later the vote was tallied with 98.5 % of the community not wanting the development to go ahead, and less than two minutes later, the community council members voted 100% to reject the application, and we hoped that this would be the end of the matter.

On the Monday the following week, I had just arrived at the practice, when Tim and Harry arrived, and I groaned, knowing that my day of just attending to patients had just gone down the drain, so to speak. “Come into the staff room, we will chat in there,” I said to them as I let them into the building.

“We have just received a registered post delivery from the NTCAT otherwise known as the Northern Territory Civil and Administrative Tribunal, inside is a notice of Appeal to the Dundee Community Council decision to reject the application for a development at two locations in the Dundee Community Council area,” Harry informed me.

“Ok, I have done a little bit of law studies while I was in Palmerston, while Toby was recovering in hospital, so I may be able to assist with this matter,” I commented, “Yes, the council is aware of that, as Tim clued us in on that matter, and that is why we came to you,” Harry said smiling.

“I actually had to study some law as part of my medicine degree, and I decided to expand on it a bit, so I recently completed the last semester of an Associate Degree of Legal Studies, along with a Masters in Business Administration,” I said.

Two weeks later, after spending all of my spare time preparing for the Tribunal hearing, with Toby staying with the lads for the two days that I would be away, Harry & Tim and I set off for the trip into Darwin, where we would be staying in a hotel for two nights.

That evening after a nice dinner, we gathered one last time to discuss any matters that may come up during the hearing, which I would taking the lead on behalf of the Community. The next day, at 10 am, we entered the tribunal conference room, where the hearing would take place with three tribunal members. We were a little surprised when we saw four men all dressed in suits on one side of the table, as we sat down opposite.

When the tribunal members arrived, Harry Tim and I stood up, while the others didn’t. “Please sit, my name is Don Anderson, I am the tribunal chair, and my colleagues are, Harriett Perkins and Suzanna Longford, as you see we have a stenographer to record everything said this morning,” the gentleman at the head of the table announced.

I stood to address the tribunal, “Mr Anderson, Ms Perkins and Ms Longford, my name is Dr James Shaw, General Practitioner, and businessman at Dundee Beach. My colleagues are Mr Harry Long and Mr Tim Hope, both businessmen and members of the Dundee Community Council, I may also add that I have an Associate Degree in Law Studies, which is why I have been asked to be the representative for the general community,” I stated, before sitting down.

When the other side began to announce who they are, they did so, without standing, and Mr Anderson interrupted, and told them that they must stand when addressing the tribunal just like in a courtroom. After a moment of discussion in another language, one of the men opposite stood up.

He introduced himself as the Chief Operating Officer of the company that owns the land in dispute with the development application, and the other three men were the company legal team. After their introductions I was asked to make my submission to the tribunal next.

I mentioned what changes had been made to the Community Council by-laws, to protect the existing wildlife and vegetation, mentioning the new nature strip and all restrictions on building in the community,, that is with the full support of the community, which is the main reason for the development application being rejected, along with a community vote and the council vote to reject the application.

I presented copies of the minutes of the meeting which stated all the numbers for both votes, and included the statements from all of the community members or presented their points of view of the development application, plus a copy of the new by-laws.

The opposite side presented their statements and reports, in a legal form, including an independent environmental report, which mentioned nothing about the community council’s by-laws, and stated that they would be building eco friendly buildings, once they are completed, with solar power providing most of the electrical power to their resorts.

After twenty minutes of deliberations, behind closed doors, the tribunal members returned and announced that by a vote of 3-0 the development application is not within the Dundee Community’s best interests, and as such the Dundee Community Council decision stands, with the development application rejected from progressing.

I stood and thanked the tribunal members for their valuable time to hear this matter, and wished them a good day, before the hearing was officially closed, and Tim and Harry happily shook hands at us having a win.

“Mr Shaw, I am informing you that we will be appealing this decision in the Supreme Court,” the COO of the company said to me, “It is Dr Shaw, I am a medical doctor, so please address me as such,” I responded, “That is what you say, Mr Shaw, good day,” the man said before he and he colleagues walked out.

“What is his problem?” Harry said as the four men exited the room, “Well two of them were glaring at me the whole time of the hearing, so my guess is that they have done some digging and know about our former relationship,” Tim commented.

“They what!” I said a little too loudly, “That is just not on. The relationship that you both had, has nothing to do with this matter, it is private one and none of their god damn business,” Harry said. “Thanks Harry, that means a lot from you,” I commented quietly.

A woman entered the room, and smiled, “Gentlemen, if you would mind just waiting for few a moments, we have someone who wishes to speak to you,” she said to us, and we looked at each other puzzled, as she remained standing near the door.

About two minutes later, the door opened and two men entered, with one of them being Mr Anderson, and the second man looked familiar, but I couldn’t put a name to the face. “Dr Shaw, My name is Michael, I am…”, “The Honourable Michael Trevenan QC, Attorney General of the Northern Territory, yes I knew I had seen your face before, and it has just come to me, it is a pleasure to meet you sir,” I said interrupting him.

“I am not sure if you are aware or not, but Mr Anderson here is actually a Magistrate, filling in for a tribunal member who fell ill overnight,” the Attorney General stated as he shook my hand. “I knew that Mr Trevenan was in the building, and after a very quick chat to him, he agreed to come and meet you.

Now before he mentions why he is here, I have one question for Mr Hope, are you able to explain why three of the opposite members were glaring at you during the hearing?” Mr Anderson asked Tim, who looked at my direction and I smiled and nodded my head.

“We were just discussing that actually, we think that the opposition has done some digging into our private lives, and learnt, that Dr Shaw and I were married for a few years, and although it is over, we are still good friends,” Tim replied.

“Well that is certainly not an issue with me, not for the reason I am here, Mr Anderson here has suggested that I appoint you, Dr Shaw a Justice of the Peace for Dundee and Litchfield local government regions, and I am happy to accept that recommendation,” the AG said to me.

“Wow, that is quite unexpected, I am not sure if I would have time, with a medical practice as well as a business to run,” I commented in shock. “What sort of business is it that you operate?” Mr Anderson asked.

“Well it is a bit complicated, but in short, Tim and I are business partners, in a number of properties that we own in Dundee, including a lot of the infrastructure in the township, which we have financed to build.

These include the school, sports complex, the community centre, the new yacht club, and the business centre, plus we paid for the extension and upgrade of the airfield, and we both have a yacht each, which are used for charters,” I replied, and Tim just smiled and nodded his head.

“Well, that would explain your enthusiasm in trying to keep the place as environmentally friendly as possible,” the AG stated and Harry gave a short laugh. “Sir, that is not the half of it,” Harry said.

“My business partner here also owns a substantial parcel of land at the top end of Launceston Road, which he has revegetated into a tropical forest with raised boardwalks, ponds and he has a permanent population of wild birds that live on the property, and quite an amazing home,” Tim announced.