Council is trying to recoup the costs accumulated after four and a half years dealing with Eric Wilkes’ legal representatives.

Mr Wilkes says he has operated a timber mill at his Possum Pie Road property since the mid 60s and that his father before him operated a mill in the area.

As such, he claimed these ‘existing rights’ precluded him from having a development approval.

Great Lakes Council’s general manager Keith O’Leary said council staff were alerted to the issue in 2004 following a number of noise complaints from mill neighbours.

“We asked the owner to stop work and put in a development application to legalise it. Three times we offered mediation but we were advised by the Community Justice Centre that the owner didn’t want to mediate. He had a solicitor acting on his behalf and would be instigating proceedings in the Land and Environment Court where he put up 15 witnesses to say a mill had been operating there forever and a day.”

To counter these claims council accessed aerial photography which seemed to show there was no mill there prior to 1999.

“There were even receipts which showed the delivery of a mill to the site in 1999.”

But Mr Wilkes claims he has been operating a re-locatable mill and his neighbours, including John Smith, can back him up.

“I know he’s always had a mobile mill and it’s never been a problem – 99 per cent of the people in this area support him – only a few people complained.”

Mr Smith describes the scenario as the ‘persecution of a lone operator and his family’ with health and financial difficulties as the consequence.

With legal bills mounting and council’s case looking strong Mr Wilkes eventually decided to lodge a development application.

“It defies logic.

“After four years of racking up legal costs he finally put in a development application which is what we asked him to do in the first place.”

The claim for costs was heard in the Land and Environment Court on November 23 but a decision has not yet been reached.