On Tuesday, councillors decided chief executive Duncan Field would further investigate how Beech Cove Properties Ltd (BCPL) built three units in the $100 million Rees complex over the unformed road contrary to direct instruction.
The construction occurred before BCPL legally stopped the unformed road on the site and before it built a public walkway linking on to the Frankton Track.
Mr Field said yesterday the council had a set of facts that were well understood and he was consulting with legal counsel.
"The question is: do they constitute an offence and is there evidence? Do the lawyers tell us there is a good case to make?"Mr Field said building inspectors were on site during the complex's development, but they were not privy to how the road closure procedures were going.
Penalties against BCPL would depend on what offences, if any, it had committed, he said.
"Council was very clear to the developer they couldn't proceed with the development until they had title to the land.
"They understood what the road closure procedure was."
Mr Field said it was the third case in about the last two years where developers had taken a "cavalier attitude" to public land.
"This is a timely reminder that council is no different from any other landowner."
