Planning MP now asked to be ‘satisfied’ with West Byron

Mayor Simon Richardson’s plans for how Council should respond to the state government over the contentious West Byron development were trumped by Cr Sol Ibrahim at Thursday’s Council meeting.

The mayor – supported by the Byron Residents’ Association – was seeking to ask the the state government to defer rezoning West Byron over what they say are inadequate traffic and acid sulfate soil studies. Additionally, Cr Richardson asked that any decision be held off until the Byron Coast Comprehensive Koala Plan of Management (KPoM) and the soon-to-be-completed Lo- cal Growth Management Strategy (LGMS) is released. The mayor also called for a baseline assessment of the Belongil Creek and estuary to be completed.

Instead, a watered-down motion by Cr Sol Ibrahim will see Byron Shire Council request that concerns regarding one of Byron Bay’s largest ever urban developments be ad- dressed to the minister’s ‘satisfaction’.

Crs Dey, Richardson and Cameron voted against (Cr Spooner was absent).

The motion by Cr Ibrahim and seconded by Cr Wanchap reads: ‘That due to concerns raised by members of the local community, Council will write to the planning minister Pru Goward requesting that prior to making a decision regarding the rezoning of the West Byron Urban Release Areas the fol- lowing matters will have been addressed to her satisfaction:

‘1. The traffic study has followed

RMS guidelines and reasonably considered all the likely impacts of the traffic generated by the pro- posed residential and commercial developments.

‘2. The Acid Sulfate Soils Study has been produced and considered in accordance with the Department of Planning’s Acid Sulfate Soils Planning Guidelines.

‘3. That all koala habitat on the site has been identified in accor- dance with SEPP44 procedures and that it will be protected from dam- age and disturbance.

‘4. That all other environmental and ecological aspects have been considered in the rezoning.

‘Furthermore Council will seek funding for a baseline assessment of the Belongil Creek/Estuary from appropriate government departments, including from Minister Goward’s.’

Disgusted: Cr Woods

During debate, the mayor said that the development is something that has waited ten years, and should wait a little longer. ‘This is about respecting the community’s wishes for it to be a clear, transparent and a trustworthy decision.’

But Cr Di Woods spoke against the mayor’s deferment. ‘You say ten years in waiting – that is disgusting’.

‘We should be able to determine developments much sooner. Under the previous mayor it was refused, and Council said we didn’t have the resources. The developers said they will supply the resources but it was still refused. I have seen people who own that land go bankrupt. It’s not the proponent’s fault that this is with the minister. Acid sulfate and traffic can be dealt with – let’s work with them, get the zoning and move on.’

Gallery objects

At that point, the full gallery murmured ‘shame’, prompting Cr Ibrahim to say it was unacceptable for the gallery to interject.

Cr Ibrahim then moved his amendment and spoke in favour of the development while also expressing a desire for due process and environ- mental protection.

When asked later why a regional growth strategy was not included in his motion, Cr Ibrahim told The Echo, ‘The mayor’s motion asked for a deferment until the strategy was completed. It was always going to be very unlikely that the minister would agree after the years that have been spent on this project. Anyway, the minister’s office will already have considered the regional growth strategy in place which includes Byron.

‘Secondly, with the work- load already stacked up for councillors and staff, I doubt that a new strategy will be completed in the term of this council. Thirdly, the fundamental debate about growth that is being played out regarding WB (West Byron) will be repeated for the growth strategy. So it will be a political decision anyway.

‘Finally, the WB lots will be released slowly over a de- cade or more. Despite the inaccurate claims that our water and sewer won’t cope, we will still have time to plan for expansion if it is required.’

As for how the community will have an adequate say in this or any development, Cr Ibrahim said, ‘Firstly, through their elected representatives. Through submissions about draft planning instruments (LEP, DCP, KcPOM etc). Through objections to DAs. Byron’s community is never shy on expressing their objections to developments.

‘It happens every week, and in many instances I have opposed development approvals (Mullumbimby, Bangalow, KFC etc).

‘I am currently fighting to have our Development Con- trol Plan (DCP) conditions fully applied in a Bangalow development. We have a legal system which allows a court challenge just about any deci- sion of a council.

Confident in DCP

‘Expecting some sort of guarantee from councillors is unreasonable. However, I am confident that our DCP, coupled with other statutory instruments and plans of management, can produce a great outcome.

‘So far, it has been my experience that if Council negotiates in good faith with a developer from the outset, very positive results are achieved (North Byron Beach Resort for example).

‘Council has already ex- pressed to the minister that we want to apply our own DCP to the site.

‘I wholeheartedly agree with this position. We are all waiting and hoping that she will grant this wish. This matter was not raised in the mayor’s motion or mine be- cause the request has already been made.’

Cr Ibrahim says the minister’s decision ‘is quite limited in scope’ and that, ‘All the other details, lot sizes, density, roads, setbacks, construction etc will come to Council within a series of DAs.’

No faith in DCP

During the meeting, Cr Richardson spoke against Cr Ibrahim’s amendment.

‘My motion gives more details: this has no consideration of planning or local growth management; this doesn’t mention a koala plan of management but instead is vague and broad.’ And in Cr Richardson’s right of reply, he acknowledged the need for housing and jobs, but said that the, ‘DCP is useless as the state government has gutted it; it only has to be considered.’

‘To put faith in that is staggering.’