City hit with big legal bill

The City of Albany will have to cough up more than $50,000 in legal costs after their latest failed bid against Cuscuna Nominees over the long-stalled Bayonet Head Shopping Centre.

The City's appeal, which was dismissed by the Supreme Court on March 20, came at a cost of $17,942, with the City also liable for court costs of $9340.

The appeal came after an Albany Magistrate's Court case last May - which was also dismissed - racked up $25,112, bringing the City's total legal costs to $52,394.

The City and Cuscuna have been locked in a legal battle over the centre's operation for more than two years, amid the City's allegations the shopping centre's construction violated its planning approval.

Since its completion, Woolworths supermarket has been the only store operating in the Lower King Road complex.

City planning and development services executive director Dale Putland said the legal expenses were not covered by insurance because the City was the prosecuting party, but funds were set aside in each annual budget to cover legal fees.

However, Mr Putland said overall legal expenses for the City were currently under budget for this financial year.

Albany Residents and Ratepayers' Association president Elizabeth Barton said she was concerned the spending would come at a cost to other projects.

"It is a significant amount of money," Mrs Barton said. "The association is not happy with the continual legal fees that are being paid by the ratepayers when the budget is as tight as it is and there is more that could be done with it.

"The people of Albany have other, higher priorities."

Bayonet Head resident Rex Mills, who shops at the new centre once a week, said he was frustrated with the ongoing saga and would like to see more stores open in the mostly vacant complex.

"For the length of time it has been open, to still have nothing here is very annoying," he said.

"It has been a drama with nothing else being open here.

"I have to go to Centro on Chester Pass Road to do most of my shopping because there is only a Woolies here."

Mr Mills said he was disappointed the City of Albany was allocating money for legal fees instead of community development.

"Ratepayers will end up paying for it one way or another," he said.

"There are a lot better things the City could be spending their money on."

The City is yet to find out its share of the legal costs of Cuscuna Nominees current appeal against a Great Southern Joint Development Assessment Panel retrospective planning decision in the State Administrative Tribunal.

The appeal against this decision remains ongoing.