By Tim Howard
The fight over Clarence Valley Council’s attempts to evict semi-permanent caravan park residents has taken a new turn, with the NSW Civil and Administrative Tribunal ordering a “test case” mediation process.
Under the order, four residents’ cases will be chosen as examples, with mediation to take place before an NCAT member.
The outcome of those talks is expected to guide how dozens of similar disputes are handled.
Simon Chase, spokesperson for the Clarence Valley Semi Permanent Van Group, said the ruling was a step forward.
“It’s very positive. At least we’ve got mediation, which is more than what council was prepared to give us at all,” Mr Chase said.
He argued that while mediation would only cover four cases, the process could highlight the key issues at stake.
“Every case is different,” he said. “Just because they mediate four doesn’t mean the others are resolved. But it will be a bit of a test to see what the main issues are.”
Mr Chase accused council of failing to act in good faith and warned the legal standoff could drag on for months.
“It’s been handled terribly, and they’re paying the consequences now,” he said.
“Mediation won’t happen for another couple of months, then you’ve still only got to the hearing stage, and after that there’ll be appeals. It’s just going to keep going and going.”
He also highlighted the financial toll, both for residents and for council.
“At the moment, no one’s paying site fees or electricity,” he said. “That’s costing council hundreds of thousands a year, on top of solicitor costs. It’s already in the millions.”
The group maintains that council allowed many of the caravan sites to become permanent through decades of approvals for annexes, plumbing and renovations — and should not now be able to classify them as temporary holiday vans.
“Council themselves have admitted their compliance has been lacking,” he said.
“They’ve approved things that mean these vans can’t be moved in 24 hours as the law requires. That’s on them, not the residents.”
For now, the community waits. NCAT will set a timetable for mediation in the coming weeks, with a fresh directions hearing to follow.
If no settlement is reached, the matters are likely to proceed to a full hearing — and potentially beyond, into the Land and Environment Court.
Deputy President G Sarginson handed down a 49-page decision on September 5
In it he stressed the importance of narrowing the issues and ensuring clarity in what each applicant is claiming.
He also warned that large compensation claims bring risks: applicants could face legal costs if they lose.
“Applicants must understand there is a real risk of costs if the proceedings are not successful,” the decision stated.
The residents, many of whom have lived in the parks for years, argue the notices are invalid and that the council is forcing them out without proper legal grounds.
They have lodged about 90 separate matters with NCAT, most under the Holiday Parks (Long-term Casual Occupation) Act, with a smaller group claiming rights under the Residential (Land Lease) Communities Act.
One applicant, Ms Marno, has sought up to $180,000 in damages for alleged breaches of her agreement, while others have yet to quantify their losses.
The Tribunal has made clear that residents will need to specify their claims and provide proper evidence before hearings proceed.
The council has taken a hard line, opposing mediation on most cases and stating it has no intention of offering long-term agreements.
Its lawyers argued against NCAT running the mediations, preferring a private mediator, and sought to avoid having the general manager compelled to attend in person.
While NCAT accepted the GM need not attend, the ruling requires council’s legal representatives to have authority to commit the organisation to any settlement on the day.
Council has declined to comment on these matters while they are the subject of legal proceedings.
