The third rejection of a long-running development application (DA) in Bangalow by Council last week will likely lead to a showdown in the Land and Environment Court, we are told.
A proposal for a two-storey building with eight dwellings, three shops with basement car park and attic has pushed Council’s planning policies beyond the max; it would cover almost the entire block and sits on the relatively quiet Station Street adjacent to the historic A&I Hall.
Submitted by Sydney-based developers Gordon Highlands, It received a lot of criticism for being out of character with the rest of Bangalow, and public meetings were held. It’s arguably out of character with just about anything in Byron Shire, really.
Anyway, confidential legal advice was given to councillors regarding their chances of defending the rejection. It’s interesting that staff opinion changed to now recommending acceptance of the DA since the last rejection, despite only minor changes being made this time.
And whatever legal advice was tabled, it clearly rattled Crs Cubis, Woods and Hunter; they voted against Council holding ground and supporting community objections. They wanted instead for it to pass and ask general manager Ken Gainger to mediate.
While voting to minimise the chances of expensive court costs is prudent, the double edge is of course is that it messes with the fine balance of public amenity and sets precedents.
And in this case the majority of councillors are rightly concerned at the impact traffic may have given the building’s size; the primary school is opposite the back laneway.
Holding ground can lead to wins of course; at Thursday’s meeting, the mayor pointed out other DAs that were defeated: KFC, Dan Murphy’s… and even a development on Mullumbimby’s Station Street that was averted just before it went to court.
Regardless, a lot of this hinges on Council’s Development Control Plan (DCP). But what is it? According to Byron Council’s website, a DCP is supplementary to the Byron Local Environmental Plan (LEP), ‘by providing more details, guidelines and controls applying to the various forms of development permitted…’
Incidentally, the DCP was also adopted by Council last week, which is a key issue that divides mayor Simon Richardson and Cr Sol Ibrahim over West Byron.
While the mayor says it’s a ‘useless’ policy that has been ‘gutted by the state government’, Cr Ibrahim says he’s confident that the DCP, ‘coupled with other statutory instruments and plans of management, can produce a great outcome.’
So doth this policy contain magical powers?
One comment gleaned was from Council’s executive manager of planning, Ray Darney. He said of the policy last week that, ‘While only a guideline, some provisions are prescriptive and must be met when submitting a development application such as sewer, water and communication utilities. Other provisions allow flexibility and innovation in design to be accommodated such as landscaping.’
So there you have it. The court will presumably, along with other factors, examine how this case applies to the DCP.
The question is: like sport, will this be a game of two halves? And instead of sport being the winner, in this case will it be the lawyers?
One of the biggest ever development plans for Bruns was quietly adopted on June 2.
Being quiet about this is expected considering the strong and clear public opposition, but adding to the fiasco has been appaling public relations by North Coast Holiday Parks (NCHP).
It was a sloppy and rude campaign by the dubious government-run corporation; it tried to sell us the idea that major holiday parks and Crown reserve upgrades are needed but failed to convey anything of meaning through long, complex bureaucratic documents and an information session debacle.
It’s something residents in Evans Head are also facing, with major upgrades planned at their holiday parks too. And like here, they are responding with a strong community voice.
Crown lands are inherently designed for public, not private, use, but we have been continually insulted by NCHP manager Jim Bolger arrogantly telling the community what public lands are accessible and which are not.
Should this absurdity just be ignored? And with boundary-encroachment issues also remaining, it’s clear money will be made for the state government at community cost.
It’s inevitable we will see a price rise for accommodation.
The key to the entire issue lies in the independent audit that examined the public submissions that Bolger collated.
Author Dr John Mackenzie said, ‘Several significant and frequently raised issues that were beyond the scope of the planning process have not been included in the analysis.’
‘For example, issues raised concerning park governance, the inconsistency of the POMs with the regional character and the community-engagement process featured prominently in the reviewed submissions but were not included in the analysis.’
His suggestion is that ‘Inclusion of these issues in the Issue Categories should be considered. This would not result in any changes to the recommendations, but could also provide decision-makers and the community with a more comprehensive understanding of points raised in the submissions.’
But for NSW Crown Lands bureaucrats to concede that point would inevitably result in more questions.
The Echo asked specifically if the minister responsible would respond to that recommendation but was ignored.
So bravo to the bureaucrats in the NSW Crown Lands department. The appalling trend of privatising public assets is almost complete and it’s unlikely this would have been legit without big changes to Crown Lands legislation too. Bravo!
While a murder of lawyers – under the direction of federal attorney-general-bigot Brandis – combs over legislation in an effort to limit personal freedoms and extend corporate ones, our own coalition state government is joining in the fun.
According to Fairfax, NSW primary industries minister Katrina Hodgkinson (Nationals), has instigated a joint federal/state crack- down on ‘agri-terrorists’, or those who trespass onto intensive animal farm industries and film the activity.
As such, the NSW Primary Industries Legislation Amendment (Biosecurity) Bill 2012 is up for amendment.
Barnaby Joyce (federal Nationals) is also keen to help keep people ill-informed and dumbed down about what they eat and is joining the fray at the national level.
Clearly the effort by activists is to stop or reduce the appalling way in which some animals are farmed. If better legislation were enacted to improve the conditions of animals subjected to inten- sive farming, would there be a need for these laws?
It’s like introducing a bad law to prop up bad behaviour.
Regardless, the 2008 US doco Food, Inc. is a good place to start if you want to be informed about intensive large-scale ani- mal farming. It posits that corporate agribusiness produces food that is unhealthy, environmentally harmful and abusive of both animals and employees.
While free speech works in mysterious ways, it gener- ally only favours those who write the legislation. Thankfully there’s still public submissions. The state legislation is open for public comment until June 27 and is available at www. dpi.nsw.gov.au/biosecurity/legislative-review.