Both parties fronted the NSW Land and Environment Court last week. The council expected to see further information from the Al Mabarrat Benevolent Society which would allow the development application to be assessed.

The Society want to build an 11,000-plot cemetery at 247 Highland Way, near the Hume Highway at Marulan. But early this year the applicants took the council to court for the second time, challenging its refusal. That’s where it’s remained since.

”Once again, the Al Mabarrat Society failed to supply all the information,” a council spokesman said.

The court decided to give the Society a further extension until September 2 to supply the material.

It includes details on access to and from the Hume Highway, overall traffic management, groundwater control, rural fire and heritage reports.

“However, the court has (also) stated that the Al-Mabarrat Society does not need to supply heritage information until October 7,” the spokesman said.

“Council is extremely frustrated by the applicant’s disregard for the community process, and we believe the court has been far too lenient.

“However, despite our frustrations, and the frustrations of the community, we need to comply with the court delivered instructions.”

The heritage information relates to the site’s Aboriginal history.

The court’s full hearing of the case is set down for November 7-11.

Starting September 8, the council will place the additional information, except the unavailable heritage report, on public exhibition for 28 days.

Submissions will be received up until October 6. The council spokesman said this was “inconveniently” one day before the heritage report would be provided.

A legal representative for the Al Mabarrat Society did not return calls by the time of going to press.

The Marulan Residents Action Group has also previously expressed frustration over the delays.