Darryl Serafin owns Serafin Machinery and Serafin Ag Pro on Thorne Road. Photo: Facebook Serafin Machinery.
Griffith Council has voted in favour of taking further legal action against longstanding family-owned agricultural machinery business Serafin Ag.
The decision comes just seven months after the agricultural business won a six-year court battle against the council that cost ratepayers more than $250,000, over a stalled development application (DA) to construct two driveways.
On Tuesday (8 July), in a closed council session (meaning the debate was not broadcast to the public), councillors Jenny Ellis and Christine Stead moved a motion for the council to commence civil action against Serafin Ag in the Land and Environment Court for an alleged breach of the Environmental Planning and Assessment Act.
Mayor Doug Curran and Councillors Shari Blumer and Tony O’Grady also voted in favour of the motion, while Mark Dal Bon, Scott Groat and Anne Napoli voted against it, meaning it passed five votes to three.
While details of the council discussion were kept confidential, general manager Brett Stonestreet provided a summary of the outcome.
“Council resolved that council commence Class 4 proceedings in the Land and Environment Court seeking orders as described in this report, that the use of the premises as described in this report cease until occupation certificate for this development is issued,” he said.
Class 4 proceedings are for civil (non-criminal) alleged breaches of environmental law that are heard by a judge in a courtroom setting.
The council papers did not name Serafin Ag, but this was revealed by it providing the business address of 759 Thorne Road.
Owner Darryl Serafin’s previous court case against council related to a DA he lodged to change the access to his business 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.
At the time, Mr Serafin told Region it was a frustrating and costly battle that imposed a huge strain on his family over a period of six years.
Councillor Scott Groat was critical of council’s role in this legal battle, urging the council to negotiate with businesses before initiating legal proceedings that were costly for ratepayers and developers.
Mr Groat said he was unable to comment on the specifics of this latest matter given it was in closed council, but said he was continuing to push for council to be more flexible when dealing with businesses.
“There’s been a lot of stress and a lot of money spent on Serafin Ag and other court cases; I would prefer if these matters were resolved through mediation,” he told Region.
Mr Groat voted against taking further legal action against Serafin Ag on Tuesday.
