Residents in Chippendale and Darlington are being letter boxed to make donations to the legal challenge. In Chippendale cheques up to $500 have been received so the community is getting behind the litigation.

A main public fundraiser will be at the Guthrie theatre at UTS (enter from Harris St) on Wed July 11th from 6.30pm - 9.30pm. We'll start with some Lebanese food  (drinks available for purchase) and speakers will follow - I'll be able to confirm the line-up in the next few days - cost $30 per head. For more information contact FOCUS focus@pacific.net.au or Deputy Lord Mayor Chris Harris.

The background to the legal challenge has been provided below by Chris Harris:

How it began

• Matthew Drake Brockman, a full time law student and resident in the City of Sydney came forward and sought my advice on how the approval of the concept plan for the CUB site at Chippendale could be overturned so that proper environmental controls and standards could be incorporated into a new approval.  It is Matthew’s view that the proposed development of the site is not ecologically sustainable and that it ignores greenhouse gas emissions which are the drivers of climate change. I enlisted the help of former solicitor and environmental coach Michael Mobbs.
• We wrote to Fosters and asked them to meet with Matthew, Michael Mobbs and myself so that we could agree on ESD improvements to the development. I spoke personally to Foster’s CEO Mr Trevor O’Hoy and repeated the invitation. His response was that they did not want to talk to us and that they just wanted to sell the site for as much money as possible. They believe that they did all that was required of them environmentally (follow BASIX) and that they weren’t willing to do any more.
• There are now reports that the site has been sold to a Singaporean Company Fraser Greencliff

The Environmental Defenders Office

• We approached the Environmental Defenders Office (EDO) to see if the EDO would be willing to act for Matthew in an action against the Minister for Planning and Fosters. The EDO decided to take on the case.
  

The legal Aid Commission

• We then sought legal aid to fund the case for Matthew. The Legal Aid Commission in NSW is able to provide funding for environmental public interest litigation and looks at three main things in order to decide on a legal aid grant. Firstly it applies a public interest test, then it requires that the case has reasonable prospects of success and finally it looks at the litigants means. The Legal Aid Commission, which is partly funded by the state & federal governments, was satisfied that the case had merit and was of broad public interest. The commission provided a small grant of $3000 so that further advice from a senior counsel could be sought in order to doubly establish the merits of the action. Nye Perram SC was engaged for this advice. 
  

The ESD Argument

• It is clear that the CUB site presents an opportunity to capture and recycle water & sewage on a large scale, to generate significant amounts of renewable energy, to use construction methods that will reduce emissions and to operate with minimal use of cars. If you go to my website at www.chrisharris.org.au you will find a report prepared by Michael Mobbs that gives estimates of greenhouse gas emissions from each of these above sources. The report also gives estimates of how those emissions can be dramatically reduced by adopting ESD design & construction practices.
• The CUB is a huge urban development site. If it goes ahead without incorporating ESD requirements this site will pump out damaging greenhouse gas emissions for 50 years. There is no doubt that this will cause significant irreversible harm to our environment and that of our children on a long term basis. Moreover this concept plan will be a blueprint for how our cities develop in future. 
• In the Anvil Hill case the judgment required that the minister consider ESD aspects of the development of a coalmine. Here we are inviting the court to make the same judgment about a large urban development site. It's a watershed case which brings climate change to the heart of our cities; win or lose city planning won't be able to avoid dealing with climate change due to this case.

Fundraising for our expenses

• The EDO has engaged top class legal practitioners to argue our case. The senior counsel is the brilliant Francis Douglas QC and his junior counsel is Jason Lazarus who is a very talented and experienced practitioner in the Land and Environment Court. We have also engaged an expert witness who will quantify the climate change effects of the development and give evidence in the hearing which is listed for 25^th and 26^th July. 
  
• I have launched a fundraising drive from my office on 13^th June and we began by contacting everyone in Chippendale by mail asking individuals to make a donation or a loan /donation. We have received numerous contributions via cheque, direct transfer and credit card and by 20^th June we had received $3000. We will be writing to Darlington residents next and we hope to get a good response from residents there who will also be badly affected by this disastrous development.
• I have also listed a notice of motion for the council meeting due on 25^th June that asks council to contribute $20000 towards the litigation. The Clover Moore team has been very vocal about the Minister’s actions in calling in the CUB development and have claimed to be strong advocates for the Chippendale community. I will be expecting them to put some real action behind their words by backing my notice of motion.
• We will also be holding a fundraiser at the Guthrie Theatre at UTS on 11^th July which will feature leading speakers and a further update on the legal case. There will be a light Lebanese meal provided and the cost will be in the vicinity of $30. The maximum attendance possible is 300 so we would appreciate it if you can call and order tickets in advance. I can be contacted at Sydney town Hall on 9265 9313 or by mobile 0407 469 384.
• We have also written to many “green”businesses and environmental groups seeking financial support. We will continue this right up to the hearing. If you would like to make a loan /donation please send me an email.