But for a last minute question by councillor Russell Fitzpatrick at last week’s council meeting, the matter of the supermarket DA could have ended up in court, costing several thousand dollars in legal fees.

“Were councillors aware that following the resolution to defer decision on the proposed Pambula supermarket, council could end up in the Land and Environment Court?” Cr Fitzpatrick asked.

The Pambula supermarket DA for the corner of Merimbola and Bullara Streets, had been addressed earlier in the council session on Wednesday, July 20, and had been deferred which meant that given the upcoming council election it would not be dealt with until October.

Cr Fitzpatrick said given the time lapse, the developer could consider the matter refused and could take it to the Land and Environment Court. Planning staff member, Keith Tull, agreed.

“Under the legislation there is an opportunity for the applicant to seek court action,” he said.

He explained that although staff could prepare a report, legal services would be needed.

More critically though, given the staff recommendations on several occasions Mr Tull said: “I do not have a position to take to court.”

Councillor Sharon Tapscott who proposed the deferral said it was all in the timing and if council didn’t have the election it wouldn’t have been in this position.

“I didn’t know about these concerns until today. I was unaware that my deferral had a different meaning; I was flying blind. I don’t know what you want us do,” Cr Tapscott said.

Councillors unanimously agreed to defer the matter until August 10 to allow staff to prepare answers to questions raised in the deputation on July 20 regarding flood waters.

It was also agreed the general manager, Leanne Barnes would seek special dispensation from the Minister for Local Government to deal with the matter on August 10.

It’s likely the council meeting will be moved to 10am.