The General Manager Peter Wilson, Gosford Council.
Dear Sir
This is a formal complaint directly related to new activity that is current 20 / 2 / 2003! The Councils lack of
due diligence in the proper enforcement of the Local Government Act 93 throughout the Gosford Local Government Area, that
leaves ratepayers unprotected by section 382 of the Local Government Act 93.
Do Council hold written indemnity from their underwriters that covers councils accommodation of the activity of Illegal
Nuisance use , and Non complying use Sections 626 and 627 of the Local Government Act 93.
That being the continued use of public property for benefit, by businesses and individuals. Involveing the placement
of sandwich boards, retail items, tables, chairs, hoardings/ barriers and other items that occupy the public place with
no legal entitlement.
The
prominent display of evidence of a formal Lease allowing the exclusive use, or a Licence or permit allowing the shared
use of a specified area of public space, not being evident.
If as I have been advised by Alan Ford, Council as a self insurer covers public risk on footways, how would that
make the continued illegal activity known to Gosford Council and approved by the sitting council, acceptable?
As I understand any complying legal use of the footway requires an insurance to indemnify Council in the ammount
of ten million dollars in each instance. Wouldnt that mean Gosford Council must acknowledge it has putt ratepayers
in an impossible position, that the law says Council must not do.
Further with regards the Summary Offences Act 1988 Section 9, have you (Council) provided prior approval for
the illegal nuisance use of public property in Woy Woy? Councillor Wales Liberal Candidate seems supported by Gosford
Council in her political endeavours using public property for her campaign.
Is Council legally allowed to support in cash or kind the political activity of a councillor, wouldn't that be a conflict
of interest for Gosford Council?
I expect an acknowledgement of my complaint. And an
answer to the questions posed within it.
Edward James
POB 3024
UMINA 2257
0418486260
