Darryl Serafin owns Serafin Machinery and Serafin Ag Pro on Thorne Road. Photo: Oliver Jacques.
Agricultural machinery business owner Darryl Serafin has won a long-running court battle against Griffith City Council that will cost ratepayers more than $250,000, after a ruling allowed for the approval of a stalled development application (DA) to construct two driveways.
According to court documents, Mr Serafin lodged a DA with council in March to change the access to his business on Thorne Road by trucks from the existing two-way driveway to two distinct one-way driveways, which would separate movements in and out of the site.
Council did not approve the DA because the planned driveways were within 150 metres of the new roundabout on the corner of Thorne Road and Kidman Way, arguing this caused safety issues. It also argued the DA was inconsistent with environmental legislation and council guidelines.
Mr Serafin took the matter to the Land and Environment Court, which rules on specialist environment and planning related matters.
Following several hearings, the case went to a conciliation conference, where council agreed to approve an amended version of the original development application that allows for the construction of an entry and exit driveway 123 metres from the roundabout.
Mr Serafin told Region it was a frustrating and costly battle for his company, family and himself that began in 2018.
“It has taken over six years to get to this point. I have engaged a number of consultants along the way including three sets of planners, an architect, three sets of traffic engineers, solicitors and a barrister to get to this point. As you can imagine this has been very expensive and has created a burden for my family and business,” he said.
He disputes council’s claim that his original DA had safety issues.
“The separated entry and exit driveways provides a safer and more efficient use of our site,” he said.
“We have always maintained that we wanted separated entry and exit driveways from the original application in 2018. It is now 2024 and council has now agreed to grant conditions of consent allowing us to construct separate entry and exit driveways, only after many applications to council, mediations, meetings, expert meetings, a court mediation and a hearing before the court.”
Griffith Council general manager Brett Stonestreet said the council was pleased the matter was determined by the court after “successful mediation” at a conciliation conference.
“The mediation resulted in modifications to the DA proposed by the applicant which were acceptable to council,” he said.
Newly elected councillor Scott Groat has urged council to be more cooperative, flexible and to make decisions quicker when dealing with Mr Serafin and other developers who are also engaged in ongoing court battles with council.
Scott Groat is unhappy about the amount of ratepayers’ money council is spending in court. Photo: Griffith City Council.
At an October council meeting, Mr Groat presented several questions to Mr Stonestreet, asking how many council litigation cases against developers were ongoing, how much this was costing ratepayers and whether an alternative approach was possible.
In response, Mr Stonestreet said the Serafin case had cost ratepayers “in the order of $250,000 [with] costings not yet finalised”.
The general manager also said council was engaged in two Land and Environment Court battles with skip bin hire business owners Brian and Sonia Irvin and another one with the company Polygon Wood Holdings Pty Ltd.
Mr Stonestreet said he estimated the Irvin matters would cost ratepayers around $50,000 excluding GST and travel costs, while the Polygon matter would cost “in the vicinity of $50,000 to $100,000″.
Mr Groat said he believed these court battles were bad for both ratepayers and developers.
“This council portrays itself as working harmoniously with the developers when the exact opposite is happening,” he said.
“We are here to promote investment not hinder it. The untold economic and mental stress caused by this council is driving business away.”
In response, Mr Stonestreet said this statement was “baseless and insulting”.
Mr Groat said he wasn’t satisfied with Mr Stonestreet’s answers and claimed the true cost to ratepayers was much higher as estimates didn’t account for council staff time expended during ongoing court battles. He has vowed to continue to work to improve relations between council and developers.
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