Blayney Shire Council has been forced into an embarrassing backdown over an application for an access ramp outside the Commonwealth Bank after being told they would lose out if the matter went before the Land and Environment Court.
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Councillors were left with no choice but to approve the application at Monday night's Council meeting after receiving "very strong legal advice", despite rejecting the Bank's applications on three previous occasions.
Council's hand was effectively forced to give the latest application the seal of approval at the end of a lengthy meeting that saw the matter deferred until councillors had a chance to discuss it further during a closed session that lasted around 20 minutes.
"We have had very strong legal advice that we would lose any action in the Land and Environment Court. [Our view is to] not expose Blayney ratepayers to any potential loss of money," Blayney mayor Cr Scott Ferguson said.
"We intend to endorse the application."
He had earlier said that Council's position, through the support of the access advisory committee, was that the Bank did have other options available to them rather than constructing a ramp on the Adelaide Street footpath.
Cr Shane Oates, who also chairs the access advisory committee, was none too pleased with the outcome.
"I'm not happy with the decision but I will go with Council and not expose Council to [potential financial loss]," Cr Oates said.
"We'll roll with it. That will be that."
The decision means the Commonwealth Bank will finally realise their long-awaited desire to construct an external ramp offering universal access to customers outside their Adelaide Street premises, bringing to an end three years of attempts to court Council approval.
The Bank first tried to have the ramp approved in 2011, but it was rejected. They tried again in 2013 and got knocked-back.
They then asked Council to review the 2013 refusal in April this year, but councillors stood firm.
In August, the Bank tried their luck again. As a last resort, Council used their trump card, rejecting the application on the basis it did not have the land owner's consent.
Two months later, with the threat of legal action in the midst, councillors relinquished, endorsing the development application as owner of the subject land.
