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Bypass affirmed, subject to court

Posted on December 10, 2009, 7:07am and updated on December 11, 2009 at 9:20 am

The Penola bypass could finally become a reality after Wattle Range Council decided at a special meeting on Tuesday night to move forward with plans for a western route.

Councillors passed the motion, which is subject to the outcome of the Supreme Court action taken against the council by the Penola and District Residents and Ratepayers Association, 10 – 1 after it was moved by Cr Rob Dycer at the special meeting in Penola.

The decision came after the council received 66 letters from residents during its consultation with Penola landowners from October 22 to November 13 and external reports received on the alignment of the proposed bypass/heavy vehicle detour road.

From the submissions, 16 supported an eastern solution, 14 supported the western solution and there were 14 submissions opposed to the use of Gordon Street as part of any option.

Wattle Range mayor Mark Braes said local residents wanted a decision to be made.

“The feedback demonstrated a wide range of opinion and no consensus of opinion, however discussions with Penola residents and consultation that has occurred over time indicates wide support for the implementation of a solution,” he said.

“There is no doubt in my mind that people want heavy vehicles out of Church Street.

“Upon reviewing all of the options, and considering all of the feedback, council has determined that the western bypass solution remains the preferred option and is indeed the only option that has funding support from the State Government.”

Cr Peter Muller, who was the one councillor who voted against the motion, said the decision left many questions unanswered.

“It was quite a surprise to me that the CEO didn’t offer a written report or verbal report on the 66 responses received,” Cr Muller said.

“I feel the whole thing is premature. The problem I see is that this is the same idea we looked at two years ago.

“It’s quite obvious that it was the route that was originally designed.

“Unfortunately the minds of the councillors were already made up.”

Mr Braes said this decision hangs on the result of the Supreme Court hearing, which is expected to take place early next year.

On November 17 Mr Braes, council chief executive Frank Brennan and David Mosel (assets and engineering services manager) met with council lawyers in Adelaide and were told no decision would be made this year.

“The decision is conditional upon the outcome of the Supreme Court action by the Penola and District Ratepayers and Residents Association against council in regard to the use of a section of the Commonage for the proposed bypass road,” Mr Braes said.

“Whilst I accept that the decision will not be supported by all residents, I believe that based on the information considered by council that this is the only viable option and is in the long-term interest of the Penola community as a whole.”

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