Why should visitors to Brunswick Heads have private access to public lands while the residents are excluded?
It was just one of many unanswered questions that were again brought up on Saturday at the second public information session, held by North Coast Holiday Parks (NCHP) manager, Jim Bolger. Plans by NCHP to develop the town’s three holiday parks and five Crown foreshore reserves are currently on public exhibition. And at both meetings, residents expressed confusion, anger and exasperation as to why access they had enjoyed over generations should be taken away at NCHP’s discretion. But it was not only public access and boundary encroachments that were sore points for locals. Resident Sean O’Meara told The Echo, ‘The town is basically under attack from privatisation,’ referring to the state-run private corporation NCHP. In backing the claim, elderly long-time Brunswick Heads resident and father of Sean, D’Arcy O’Meara, has told The Echo that local NSW Nationals MP Don Page first brought to his attention ‘this scam’ between the then-NSW Labor government and a ‘network of public servants’. ‘He explained to me the danger of how they would take possession of [the public assets],’ he said, ‘… isolating the community and eventually it would become the property of the state government… so they could sell it or lease it to people such as NCHP and other similar things. Mr Page said, “When we gain power in parliament, we will rectify this; we will dismantle it so it will come back to the local people.” ‘In government they’ve gone to water.’ Mr Page was asked for comment but no reply was received by the time of going to press. Meanwhile, a closed meeting between Byron Council and NCHP’s Mr Bolger was held on Thursday, presumably to negotiate the long-running public access and boundary issues. 1,600 residents While questions to mayor Simon Richardson remain unanswered, Cr Di Woods told The Echo it was a ‘very intense’ meeting and ‘Council will form a submission for the Crown’s consideration, after it has received legal advice on many aspects in the proposed plans.’ ‘My desire is to see an outcome for the community, visitors and the caravan parks, that gives everyone most of what they would like, but importantly, it is Brunswick Heads and its residents that need assurance that the village will not become another Noosa. ‘There are only approximately 1,600 residents, and it would be criminal in my view to destroy their amenity, and to negate the very thing that people come here for and that is the “simple pleasures” on offer for families. ‘I believe that the proposed plans will enable the holiday parks to become more expensive; however, while there’s nothing wrong with commercial interests improving their bottom line. ‘This could exclude those people that this community and business fraternity have worked so hard to attract.’ A short NCHP history
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The operator of Byron Bay’s La Playa restaurant/lounge bar (now called Soho) is refusing to leave the premises after he was given an eviction notice for unpaid rent. In a bizarre twist of events, the bar’s owner John Cooper was in the building when locksmiths arrived to change the locks, and now he won’t leave. He told The Echo that he has no intention of closing the door to lock himself out. ‘My rent is now paid up and was only 16 days late’, he says. ‘Due to the fact that I have invested $350,000 [in renovations] and have ongoing business and bookings there, I have remained in the building to continue to trade.’ The venue at 9 Fletcher St made news late last year when it was sold to strip club operators who opened there briefly but were denied a liquor licence. Plans were subsequently scuttled by the Office of Gaming and Liquor (OGLR) after the mayor and community expressed outrage. Meanwhile, a court case between Cooper and landlord Bill Bailey will be heard in a week, according to Mr Cooper. Mr Cooper has complaints about common area improvements, the lease change-over and delays to renovations required so he could re-open and trade. Court case looming He claims when he took over the lease three years ago, the building, ‘had been gutted and was in a severe state of disrepair’. ‘[After renovations] We began to wonder why we were been treated this way, especially after we had spent well in excess of $250,000 on renovating to a high standard. Mr Bailey was so pleased with the [renovation] work, that on several occasions he asked to parade members of his family and others through our premises commenting on what a fantastic job we had done.’ Lap-dancing saga Mr Cooper also claims he only discovered much later after negotiations that the new tenants were planning to open a lap-dancing bar. ‘Even though this was not illegal, the town went crazy.’ He says it brought OLGR up from Sydney, who refused to transfer the liquor licence to the prospective couple, ‘as the town didn’t want it’. ‘OLGR insisted that we reopen as La Playa, and in return – providing I did a few alterations, ie extra soundproofing, and installed a noise limiter installation – we would be given a 3am music licence.’ Mr Bailey was asked for comment but was unavailable as he is currently overseas. It is understood he wanted to evict Mr Cooper after three months of unpaid rent had accumulated, something which Mr Cooper denies. ‘I have improved the building and increased its internal floor area by 30 square metres, and the premises are now worth double the rent,’ said Mr Cooper. Eviction notice ‘for $3,265’ He added that he invested such a large amount because he had signed a five by five by five (15) year lease. ‘I was served an eviction notice for the amount of $3,265. ‘It’s outrageous this landlord, who has watched his tenant put vast sums of money into his property, can get rid of them for such a small amount.’ Will Byron Bay’s traffic gridlock be addressed before the first sod is turned on the yet-to-be-determined West Byron Project?
Yes, according to NSW minister for the north coast and Byron resident Don Page MP (Nationals). It comes as public submissions close this Friday for the proposed estate, located 2.5 kilometres west of the CBD. If approved, it would be the town’s largest suburb in decades. Mr Page told The Echo, ‘I have told the consultant for the West Byron landowners that I will not support the project unless the Byron bypass has been constructed. ‘We have serious traffic congestion in Byron already and it should not be exacerbated. There are other issues which also need to be considered with their proposal and this is currently happening through the public exhibition and consultation process. I will treat those issues on their merits.’ But are the issues being addressed? Not according to Council’s planning staff, who say issues remain, which they raised with NSW Planning and Infrastructure in 2011. Director of Council’s environment and planning, Ray Darney, told The Echo that, ‘staff have recommended within the draft submission that the bypass needs to be completed prior to any residential subdivision proceeding at the site.’ As for residential density, he says, ‘The current proposed allotment size is too small and the overall density of development is not compatible with the general urban form and character of Byron Bay.’ And similarly, the concerns of flood mitigation raised in 2011 also remain. Mr Darney said staff have recommended within the submission that they are not satisfied with the flood planning levels as proposed by the developer. ‘The flood levels and flood planning levels for the development must be consistent with Council’s adopted flood study and flood management plan, which follows the process in the NSW flood plain development manual.’ However on its website’s FAQ, the West Byron Project claims, ‘The department commissioned WMA Water to undertake an independent review, which supported the modelling and flood planning levels. ‘There are no developable lots in high flood hazard risk areas. There will be a negligible impact on offsite peak flood levels.’ Council pressure But it’s just not roads, density or flooding issues; Mr Darney says there would be a significant amount of infrastructure required to service up to 1,000 allotments. ‘Staff will be recommending to Council that the development should be provided with dual reticulation to recycle water and that the bypass and roundabouts on Ewingsdale road need to be provided by the developer. ‘In addition the trunk drainage system needs to be comprehensively designed and provided by the developer to ensure the quality of stormwater runoff does not impact negatively on the sensitive Belongil Creek.’ Bypass voluntary contribution: developers The Echo understands that one of the priorities for the current councillors in their first term is to complete a Byron bypass. Given the issue has plagued successive councils for 25 years, it would be quite an achievement. And with a total cost for the Byron bypass being estimated at around $8.2 million, the developers have said they will make voluntary contributions, ‘specifically earmarked for the bypass.’ They say it’s in addition to regular contributions to infrastructure that developers pay Council for projects. If the rezoning is approved, they say, $7,000 per residential lot will be contributed under a planning agreement between them and the NSW planning minister. If approved, it would almost cover the bypass cost if 1,000 homes were built, and would need to be paid upfront. As for state assistance, MP Page said, ‘Even though it’s a Council responsibility, I have arranged through the minister for roads to pay 80 per cent of the geotechnical study (an important first step in helping to get the project started), estimated at $270,000. ‘The minister has also agreed to assist Council with additional funding for the construction of the Byron bypass once we know what the full cost will be. ‘The geotechnical study will help determine this.’ Meanwhile, mayor Simon Richardson told The Echo he is unsupportive of West Byron, ‘certainly not at the scale being proposed, but that is no matter within Council’s power.’ Unsupportive ‘The monies we have do not go remotely towards addressing the long-term traffic and road infrastructure needs in Byron Bay. One roundabout alone is around the $1 million mark. In regard to traffic, there would not be a stupider place to plonk a development five times the size of Sunrise [than the site] proposed on Ewingsdale Road. So if the proponents want it, they need to ensure the rest of the community don’t have increased gridlock because of it.’ Plans for the West Byron Project are at http://bit.ly/westbyronplans and public submissions close January 31. Plans for the development of the 108-hectare West Byron Project are now with NSW Planning & Infrastructure at http://bit.ly/westbyronplans and public submissions can be made until January 31, 2014.
The proposal aims to rezone the West Byron site, located opposite the industrial estate, and allow for low/medium density residential, industrial and a neighbourhood centre, as well as environmental zones. Estimates have put the number of houses upwards of 800. There are also plans to establish planning controls including building heights, minimum lot sizes, flood planning requirements, coastal protection and management of acid sulphate soils. While the aim to add more housing to west of Byron is contentious, the landowners argue, ‘We believe that adding to the supply of residential land and housing will bring prices down and give more people the opportunity to live in Byron Bay rather than commute from out of town.’ So far only 15 public submissions have been received on the proposal – five of them objecting, seven in support and three offering comments only. One objector remarked, ‘I am concerned of the impact on the Belongil Estuary and do not think developer “guarantees” of low/nil impact should be regarded as acceptable safeguards.’ Byron Shire Council in November 2011 called on NSW Planning & Infrastructure to not proceed with rezoning the land until transport issues could be adequately addressed. Council’s submission also advised that ‘the residential density of 17 dwellings per hectare is well in excess of other subdivisions in the Shire’ and called for no flood-liable lands to be filled. The Echo asked a spokesperson for the West Byron landowners when they expected to have the project up and running, if it is approved. ‘We’ve been in the approvals process for the West Byron Project since late 2008 and although it’s difficult to put an exact timeframe on any construction, it probably wouldn’t be much less than three to five years,’ the spokesperson said. The business/commercial hub is proposed to be about one hectare in size, ‘located at the centre of the site for ease of walking access from within the release area.’ She added that the business centre would occupy 13ha at the western end of the site, ‘conceptually in a style similar to the Arts and Industry Estate.’ Dual carriageway recommended to address traffic In regards to traffic issues, the West Byron Project website recommends a dual carriageway on Ewingsdale Road and bike paths that would lead into town from the estate. A detailed traffic study completed two years ago forms part of the material on public exhibition, says the spokesperson. ‘RMS agreed on the scope of that study before it was commenced and accepted the findings after it was completed and Council is in receipt of the computer simulation for traffic on Ewingsdale Road.’ So who are the developers? They are long-term residents of the Byron area, according to the spokesperson, ‘…absolutely committed to delivering a quality outcome for the community’ over the next 20 years. The landowners are Tony Smith, Byron Shire local who has owned his holding for 22 years, Alan Heathcote of Suffolk Park, Peter Croke, long-time Byron Bay resident and business owner, Crighton Properties (under receivership and management), David O’Connor, long-term Byron resident who has owned his holding for 25 years, Garry McDonald, long-term Byron Shire resident and business owner, Warren Simmons, long-term Byron Shire resident and business owner, and Kevin Rogers, long-term investor in Byron. For more information, visit the landowners’ site at www.westbyronproject.com.au. |
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