The land reclassification was approved on May 27, paving the way for a new housing development. Confusion at last Tuesday’s council meeting over the resolution’s wording prompted the mayor to seek legal advice.

“Council is seeking advice to clarify the wording of its decision,” Cr Chadban said.

The main sticking point is the Voluntary Planning Agreement (VPA), a sweetener from developer Hardie Holdings in the form of funds for the Green Point community.

From a legal standpoint, the council’s decision could be too vague. The resolution says ‘upon a satisfactory [VPA] being negotiated… [the council will] refer Great Lakes Local Environmental Plan to the [Planning] Minister with a request that the plan be made.’

Cr Chadban said the council did not want to look like it’s asking Hardie to hand over VPA funds in return for the development green light.

“We’re awaiting legal advice to see if that could be construed as holding a gun to the developer’s head, or anything like that,” Cr Chadban said.

Green Point Community Association’s Ken Oldfield said the legal scrutiny was triggered by his group’s presentation to last Tuesday’s council meeting.

The group seized on another part of the decision, ‘that a Community Reference Group be established to liaise with council and have input into any master plan and Voluntary Planning Agreement.’

After being promised heavy representation on the reference group, Mr Oldfield said ‘input’ meant Green Point representatives were entitled to a say in all aspects of the development.

“It seems the administrative staff are trying to backpedal,” he said.

“As far as we’re concerned [the decision] is fairly explicit – we’d have input in the master plan and VPA.

“But when push came to shove, the mayor closed the session and said he’d be seeking legal advice.”

There is also talk the Green Point rezoning decision might be quashed, although it would be reinstated with a clarification of the VPA clause the only change.

A councillor who preferred not to be named said the developer’s voluntary contribution should not be acquired under duress, and a recission motion would have to go ahead so a new, clearer motion could be passed. A recission would need the support of at least three councillors to force a vote.

Cr Chadban and Great Lakes general manager Keith O’Leary had not been approached about a recission motion, but admitted it was a genuine possibility.

The mayor said the rethink had nothing to do with the Green Point Association’s push for greater influence.

“A lot of the power they’re asking for is just not on. Those decisions [on development] have already been made by council,” he said.

“Although it must be said, if they hadn’t made their submission at the meeting we probably wouldn’t have re-examined the wording of the minutes.”