Charles Mendel has written to the mayor expressing his concern about the decision, made at an extraordinary council meeting on May 14.

“The suggestion that there is any basis for the Mayor to abstain from this matter on the basis of conflict of interest from either the donation I made or the few interactions I have had with him is incorrect,” Mr Mendel told the Post.

“Neither matter gives rise to any conflict, pecuniary or otherwise. To suggest that one exists and step aside from this matter is an abrogation of responsibility at a time when the community needs the leadership of Council in defending the current Land and Environment Court Appeal.”

For his part, the Mayor stands by his decision. He declined to comment further.

Mr Mendel opposes the Al Mabarrat Benevolent Society’s planned 3500-plot cemetery on Highland Way, near Marulan.

He is one of 169 objectors and lives on Highland Way, some 2km from the site.

The Society has mounted court action against Council, claiming “deemed refusal” of the development.

Mr Mendel also donated $1000 to Cr Kettle’s 2012 council election campaign, Electoral Funding Authority disclosures showed.

Cr Kettle revealed the donation and declared a significant nonpecuniary interest in the cemetery at the May 14 meeting and stood aside from any further debate.

“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 at the time.

Despite the mayor previously describing Mr Mendel as “a good friend,” Mr Mendel said he had only spoken to him “a handful of times”.

“And I would have given the same donation to any councillor making a similar request for assistance to their re-election assuming I felt they had a genuine desire to benefit the community,” he said.

He argues that neither the donation nor his interactions with him are a valid basis to abstain from discussion. If it were, then “it would be surprising if any councillor were able to vote on any matter at all”.

However, it’s understood the mayor sought legal advice before declaring the interest.

Mr Mendel has sought his own legal advice about the cemetery’s permissibility. He strongly opposes Council’s decision to go into conciliation with the Al Mabarrat Society, rather than challenge its permissibility.

“The proposed development is prohibited,” he said.

“Council is well aware of this and has been for well over 18 months now with the legal, planning and other detail having been provided to (it). In those circumstances Council’s behaviour is baffling,” Mr Mendel said.

He believed the community had a right to expect better.

This was why the Marulan Action Group, of which he is a member, has flagged joining the legal proceedings.

The conciliation starts with a site inspection and conference on June 15.

The Action Group has also written to councillors objecting to conciliation rather than fighting its permissibility outright.

“Council’s handling to date of the current appeal is woefully inadequate,” it stated.

Specifically, the group argued Council had not produced a planning report for either the current or former DA which properly addressed the “inherent flaws” in the proposal.

It had also filed a statement of facts and contentions to the court which appeared “designed to produce an approval of the proposal” during conciliation.

“If this process were a race, Council’s actions demonstrate it is doing its best to turn up to the starting line and deliberately lose,” the letter stated.

However the statement of facts and contentions argues the cemetery is not permissible given the size of the service hall (780 square metres) and that it could be used for a place of worship.

The statement also says mortuaries are prohibited in the RU2 Rural Landscape and the E3 management zones.

“The application proposes a large refrigerated room described as a holding room but for which limited information is available,” it states.