A DISPUTE about the use of premises at 59-61 Carrington Avenue began a new chapter at Tuesday night's Oberon Council meeting.
The most recent events in the ongoing dispute of alleged unauthorised activities occurring at the premises is a number of allegations and accompanying photographs that were submitted by neighbours, Brian and Margaret Kilby.
The allegation is that the owners, Ray and Laurie McMahon, had unauthorised machinery, namely a tractor and slasher, a light utility vehicle and a commercial truck, parked at the premises, and had planted two trees on the premises. These actions were previously dealt with by the McMahons' solicitors, who in a letter dated July 8, 2008 stated that their clients would not park heavy vehicles at the premises, and would not carry out any landscaping or refurbish the existing vegetation.
The McMahons, however, stated that they wrote a letter to council on the September 5 regarding the planting of trees, although the council has no record of receiving the letter.
The Oberon Council made it clear at the meeting that they have no interest in the private dispute between the parties, and the recommendation was made to deal with the matter of the unauthorised machinery and trees by referring the matter to the Land and Environment Court for resolution.
Councillor Bob O'Bernier said that the council has to have some humanity, and that it was unfair to prevent Mr. McMahon from carrying out any activities on his private premises, such as slashing his lawn, but that council had to take into account that its conditions have been broken.
“Why can't this stop here and now? “ he said. “Nothing seems to work. Let's apply the rules."
Councillor Ian Doney said the entire dispute is intertwined with private feelings and disputes, and that the McMahons' activities are no different to other depots and businesses that are located in residential areas of town.
“This whole thing is clouded in personal feelings and council should stay above it,” he said.
“I drove past the two trees - they didn't frighten me. My understanding is these people are winding down their business and we should allow people to make slow changes to their lives.”
Council resolved after much discussion that council staff will prepare a list of allowable activities on the premises, examples of heavy equipment, and hours and days of operation, and send a list to both property owners seeking their response and provide a report to council for determination.
Ray McMahon said that allegations of contamination, idling trucks and unauthorised activity were untrue, and that he and his wife only wish to carry out activities that every other Oberon resident is entitled to.
Mr. McMahon also said that he will take action if the the list that council will send regarding allowable activities is too restricting.
“It will want to be fairly extensive, otherwise we will be taking action,” he said.
Margaret Kilby said that her family have reservations regarding the action that council will take once the list of allowable activities has been sent.
“Our feeling is: how will council regulate it? There's too much if, but and maybe. If the McMahons break the rules this time, what happens then?” she said.
The council also resolved that staff will investigate an alternative community legal forum for resolution of the dispute, which both parties have said they will consider once the list has been released by council.
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