By Jeremy Sollars
THE long-running controversy over the mowing of Stanthorpe’s McGlew Street sporting complex has boiled over into the legal arena, with the Stanthorpe Sports Association (SSA) engaging local solicitor Vince Catanzaro to take on the Southern Downs Regional Council.
In what appears likely to be the first real test of the current councillors’ resolve, the SSA has threatened the council with court action if they refuse to carry out all the mowing at the McGlew Street complex, citing obligations under their council lease.
The council has previously held firm to their current open space maintenance policy, which they say only requires them to mow council-owned lands “within 10 days of the grass reaching 100mm, 80 per cent of the time.
But the SSA, through Mr Catanzaro, claims the most recent lease signed with the council – on 26 July this year – contains a clause requiring the council to undertake 100 per cent of the mowing and makes no mention of the open space policy, which has been in existence since 2012.
The SSA further claims that the council wrote to them on 28 July – two days after both parties executed the new lease – advising they would be reducing the council’s mowing activities in accordance with the open space policy.
The SSA claims the lease condition overrides that later advice.
A letter served on the council on 14 December by Mr Catanzaro states that commercial leases carry “an added responsibility on the Lessor (ie the council) to ensure the necessary terms are properly detailed prior to its execution and further must always be interpreted so as to avoid the Lease making ‘commercial nonsense’ or becoming a ‘commercial inconvenience”.
The letter goes on to say that their client (the SSA) “wishes to avoid litigation but if common sense on the part of the SDRC can’t prevail, then our client will be left with little choice but to proceed with an application to court”.
The issue has been controversial in both Stanthorpe and in Warwick, as Warwick’s sporting clubs undertake their own mowing at their own cost and with their own resources, more often than not using their own volunteer labour.
The SSA have previously stated that prior to the amalgamation of the Warwick and Stanthorpe councils the former Stanthorpe shire had maintained the McGlew Street fields for some 60 years.
Council has previously stated their view is that the lease conditions did not state any “specific level of maintenance” but has not clarified to the Free Times why the most recent lease was not altered in line with the open space policy.
In recent months since the saga unfolded the council has offered the SSA one of its second-hand Hustler diesel mowers – which it says was worth $4500 – and use of labour from the Women In Custody program, both of which the SSA refused.
The council likewise refused a demand from the SSA for $25,000 to purchase their own mowing equipment.
In a statement released this week a spokeswoman said the council was “disappointed with the receipt of the legal correspondence, especially given the offers and options that have been provided to the Association”.
“As a result of the legal correspondence received from the Association, council will have no alternative option but to engage legal representation at ratepayers’ expense.
“Council is disappointed that what appeared to be negotiations being undertaken in good faith has progressed into a legal matter.”
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