Protect Our Parks – an incorporated group of about a dozen Wollongong members – lodged a summons with the NSW Land and Environment Court on Thursday, challenging the council’s decision to grant permission for the new building. The group has named the council, the company and planners Martin Morris and Jones Pty Ltd as respondents to its claim, which states the ‘‘demolition of an existing building and the erection and use of a new building for Skydive the Beach in Stuart Park North Wollongong is invalid’’.

The debate about the company’s use of the park – which has been a skydiving landing site for nearly 20 years – was sparked by plans to build the new headquarters and has raged in the community and council chambers for months.

In April, councillors voted 8-4 to negotiate exclusively with the multimillion-dollar company to work out the terms of a land lease and drop-zone licences in Stuart Park. The council granted consent for the Skydive the Beach building in March.

Wollongong resident and Protect Our Parks spokesman John Riggall said his group believed the building consent was not allowable under the park’s recreation zone. He also took issue with the company jumping into the North Wollongong park, although this issue does not appear in the legal summons.

‘‘We want the council to reconsider its consent so that Skydive the Beach does not continue in Stuart Park but moves to Dalton Park,’’ he said.

Mr Riggall said the community group was made up of residents from Wollongong and surrounding suburbs, who would be funding the legal challenge against the council out of their own pockets.

‘‘This is going to cost us in time and money, and this was the absolute last thing we wanted to happen but we have been trying to get the council to listen,’’ he said.

‘‘I want to do this for my grandchildren and their children, who have a right to use public land created 130 years ago as a public park.’’ 

Perhaps the most high-profile member of the group is independent Wollongong councillor Vicki Curran, who last month claimed the council was at risk of a legal challenge over its decision to deal directly with the company.

 At a council meeting, she unsuccessfully asked for the organisation to seek senior legal advice on the decision.

Lord Mayor Gordon Bradbery stood by the decisions councillors  made over the skydiving building, but said it was the community group’s ‘‘democratic right’’ to seek a review in the environment court.

Independent councillor Greg Petty, who has called for detailed council reports into the history of skydiving at Stuart Park in recent months, said he was in no way involved in the legal dispute.

However, he did say ‘‘ratepayers will now pay a heavy financial impost’’ due to the proceedings.

A spokesperson said the council would not comment as the matter was before the Land and Environment Court. Likewise, Skydive the Beach would not comment.

kmcilwain@fairfaxmedia.com.au