Council to pursue legal costs

Gosford Council has decided to pursue the recovery of $40,760 in legal costs owed to the council by Ettalong cinema proprietor Mr Jerry Altavilla.

Mr Altavilla had requested that Council not pursue the recovery of the legal costs incurred when the council took him to the Land and Environment Court for operating the cinema "not in conformity with the development consent, particularly for safety standards".

Mr Altavilla claimed that he was not obliged to comply with Condition 43 because the building was less than 2000 square metres.

He also claimed that Condition 23 relating to the fire isolation of the stairs was subject to conditional approval.

The council was told that it was a serious matter that the use of a place of public entertainment had commenced, not having regard to fire safety measures.

The court confirmed that the council was justified in taking action to prevent trading while the fire safety issues were resolved.

Council was told it had won in the court and there was a cost order in favour of the council.

Council agenda, May 1