The council is taking the government to court to dispute the approval of the Gawler Racecourse development plan amendment (DPA).

The council lodged its statement of claim in the Supreme Court last Wednesday but Paul Holloway, the Urban Development and Planning minister says the challenge to the DPA is “completely without merit.”

The claim challenges the decision to rezone part of the racecourse land to allow retail development at the site.

Gawler Council chief executive officer Stephen Kerrigan said the council supports the Gawler and Barossa Jockey Club and the redevelopment of the racecourse.

However, in its’ opinion, the state government, through minister Paul Holloway, “has improperly used its planning powers to rezone surplus land at the racecourse for retail and other purposes as a means of financially assisting, to a substantial amount circa $7 million, with the redevelopment of the racecourse.”

Mr Kerrigan said it is council’s view that the minister did not adequately engage with the council or the community on the rezoning.

“The minister’s decision to rezone the surplus land is erroneous because, amongst other things; a commercial retail zone in this location is contrary to the state’s 30-year Plan for Greater Adelaide; of the projected negative impact on the viability of the Gawler town centre; timely provision of services to new urban communities will be prevented; and traffic systems in the locality cannot cope and will be saturated,” he said.

Mr Kerrigan said the state government has the power to reverse the rezoning and provide financial assistance to the jockey club “through conventional and proper means.”

“The council is prepared, and encourages the state government to re-engage, with it regarding its’ concerns,” he said.

“It is hoped that a compromise which is acceptable to the council, its community, the Gawler and Barossa Jockey Club and the state government can be achieved in the best interests of Gawler.”