At a meeting last Thursday, Cr Kettle revealed a key objector to the controversial plan, Charles Mendel, had donated to his election campaign.

The mayor declared a “significant non-pecuniary” interest and left the room during discussion.

Mr Mendel has a legal background and is a resident of Highland Rd, the thoroughfare on which the controversial cemetery is proposed.

He also donated $1000 to Cr Kettle’s 2012 council campaign, as did Mr Mendel’s father, also named Charles, Electoral Funding Authority disclosures showed.

The Mayor has previously described Mr Mendel Jr as “a good friend” when confirming to this newspaper the donation to his campaign.

Mr Mendel has strongly lobbied councillors over Council’s defence of a case about the cemetery in the NSW Land and Environment Court.

Council refused applicant, the Al Mabarrat Society’s proposal for the 3500-plot facility late last year.

The Society subsequently lodged a modified development application but unexpectedly launched legal action, claiming “deemed refusal” when planners took longer than the statutory 42 days to make a decision. Planners at the time defended the timeframe, saying they were still awaiting government agency responses.

In a statement read to Thursday’s council meeting, Cr Kettle said the decision to excuse himself from debate about the case came amid a “high level of community agitation and uncertainty.”

“Whilst I am more than confident that Council (under sound/appropriate legal advice) is acting in the best interest of the community in this matter, given the number of constituents, many of whom I know on both a personal and professional level, are now involved in this matter directly, or through submissions, I feel it best to remove myself now as to ensure there is no concern from the public of me having any undue influence or conflict of interest in this matter,” he said.

“Specifically, Mr Charles Mendel, a contributor to my election campaign, who opposes the development, has this week expressed dissatisfaction with the council’s defence of the matter and has indicated he is therefore motivated to apply to join the proceedings.

“As such, my continued involvement in Council’s consideration of the matter could be perceived as being influenced by my relationship with Mr Mendel.”

It’s understood the Mayor sought legal advice before making the declaration.

Council’s discussions about the case have been held in closed session on the basis of confidential legal information.

Councillors must not disclose these details to the public under the NSW Local Government Act. On Friday, Cr Kettle said he had not spoken to Mr Mendel about the case.

The only information he had supplied was that a process was in place, Council was defending the refusal and going to conciliation.

‘Not permitted’

ON Friday morning Cr Kettle said Mr Mendel had received “strong legal advice” that the cemetery was not permitted in the zone.

He is upset that Council was not pursuing this more vigorously, instead opting for court conciliation.

In late April, the council took up these public concerns and announced it would file a notice of motion to the court to resolve the permissIbility question first.

But last Thursday, councillors decided not to pursue this as a separate matter.

Instead, it will be included in a statement of facts and contentions to the court.

“How that is argued with the court is up for further discussion within conciliation,” planning and development director Louise Wakefield said.

“But we definitely do want to press that point as part of the defence.”

Thursday’s 90-minute meeting included a briefing with solicitors on Council’s legal approach and the expert consultants engaged.

As revealed in an open recommendation, councillors decided to give the general manager authority to negotiate Council’s position during the conciliation process and “resolve the matter if satisfied that the issues have been appropriately addressed.”

Mrs Wakefield said Mr Mendel at this stage was only considering joining the legal action.

“He also has other points he wants to raise,” she said.

Mr Mendel did not return requests for comment.

He was one of 169 objectors to the modified cemetery plan.

A conciliation conference, comprising a site meeting and conference between legal teams will be held on Friday, June 15.

Mrs Wakefield said objectors had been advised of this and anyone who wished to nominate to speak on the day could do so.

Meantime, council planners are still awaiting some agency responses on additional information supplied by the Al Mabarrat Society.

Chair of the Marulan Action Group Magnus Agren said the organisation’s stance on the DA had not changed.

“We believe this is a prohibited development for the zoning of the site, and is not in the public interest,” he said.