THE BYRON SHIRE Volume 26 #46 Tuesday, May 1, 2012 Mullumbimby 02 6684 1777 Byron Bay 02 6685 5222 Fax 02 6684 1719 editor@echo.net.au adcopy@echo.net.au www.echo.net.au 23,200 copies every week
AUDIT
Yelgun site gets state govt ‘trial’ approval Chris Dobney
Splendour in the Grass will be held at its North Byron Parklands site for the first time next year, as part of a fiveyear temporary approval granted last week by the NSW Planning Assessment Commission (PAC). The PAC claims in its report that the temporary approval, together with additional conditions it has imposed, amounts to a ‘precautionary approach’. Audience numbers have been capped at 25,000 in the first year and up to 35,000 by the fifth year – 15,000 lower than the applicants’ requested size of 50,000. Two other events will be allowed on the site each year of the trial, effectively blowing Byron Shire Council’s plan for two major music festivals per year out of the water. As with Splendour, the minor events will scale up in numbers each year. The first year will see 10,000 and 15,000 people respectively, increasing to 15,000 and 25,000 in the final year of the trial. A maximum of ten event days will be permitted each year during the trial, with a day allowed either side of the event for campers to arrive and depart.
Up to 35,000 by fifth year No event must exceed four event days. The PAC allowed for up to 25,000 campers onsite on the basis that it would reduce traffic around the festival site and other unnamed ‘potential offsite impacts’. Mat Morris, general manager of North Byron Parklands, said it was a long journey and was pleased to finally gain approval. ‘The approval means the permanent return of Splendour in the Grass to the Byron Shire. The festival will be held at Belongil Fields this year and at North Byron Parklands from 2013.’ Mr Morris added, ‘63 per cent of the site is out of bounds, set aside for nature either as protected existing vegetation or new habitat areas’.
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NO ONE RULES IF NO ONE OBEYS
CAB
A morning to remember
Byron Shire Council, which had hoped to reap some benefit from the site via section 94 developer contributions, had its argument flatly rejected by the PAC. ‘Section 94 contributions are not typically applied to temporary uses. The Commission also notes that section 94 contributions were not levied by the Council for prior approval on the application site or for Bluesfest at Tyagarah,’ the report reads.
No Section 94 developer contributions ‘For the above reasons, the Commission considers it is inappropriate to impose section 94 contributions for a time-limited trial. The matter can be reconsidered should the proponent lodge future development applications following the trial,’ it concludes.
Conditions
Last Wednesday’s rising sun was greeted by just the sound of waking lorikeets and the Last Post in Brunswick The PAC says it took into consider- Heads, as those assembled faced the west in silence for the ANZAC Day dawn service. Pictured is three-year-old ation residents’ objections about noise Ruby Hammond who was one of over 800 who took part in the Brunswick Heads ceremony. Photo Eve Jeffery
and has created additional conditions to deal with these. The modified noise controls include: t #FUXFFO ŝŝBN BOE NJEOJHIU noise level measured at sensitive receivers must not exceed background plus 10dBA; t "MM TUBHFT NVTU CF TIVU EPXO BU midnight; t #BS DBGÏ BOE EBODF Ę PPST NBZ remain open until 2am, but between midnight and 2am, noise level measured outside the bedroom window(s) at sensitive receivers must not exceed background plus 5dBA; t "MM BNQMJĕ FE NVTJD NVTU DFBTF at 2am. Additionally, a noise survey must be carried out before each trial event is held to confirm the relevant background level and the information must be made available to the property owners and reported in the monitoring report. The noise control levels are to be reviewed after the first year of trial to assess their suitability and performance.
Shire may ‘struggle to cope’ with Yelgun site: mayor Luis Feliu
Opponents of the Yelgun festival site are calling for an investigation into the process which led to the approval of the development, while Byron mayor Jan Barham has slammed the five-year length of the trial ‘way too long’. Cr Barham says the decision could change the nature and character of Byron Shire, but Byron Bay’s business lobby has welcomed it, saying it will strengthen the local economy.
Business lobby welcomes announcement The Yelgun and Middle Pocket Community Association, one of the many resident groups which opposed the events site, wants a ‘thorough investigation’ of the planning-approval process, which ‘appears to be a model
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being followed that rewards those with funds to lobby and position key parties in influential positions to get what they want’ in NSW. President of the group, Paul Arrowsmith, said it was ‘a sad day for the majority of residents of North Byron and southern Tweed shires’ who will be ‘massively impacted on by the approval’. Mr Arrowsmith said the coalition government had ‘ridden roughshod over residents’ wishes yet again’. ‘It would appear that the commissioners of the PAC have not listened to residents or have been dictated to for financial imperatives of the state. ‘The consultation with the proponents after the commission meetings, without a further right of reply by related parties, shows how one-sided the decision-making at government level has been.
‘The delay in handing down this decision, after being advised a month is all we would have to wait, is an indication that negotiations to secure said approval were held at the highest level of government, which we were assured would be at arms length.’ Cr Barham said the announcement would disappoint many local continued on page 3
Want to be a councillor? For those wishing to represent the community in local government, a candidate seminar will be held Monday May 14 from 5pm to 8pm at Byron Shire Council Chambers, Station Street, Mullumbimby. To register visit www.byron. nsw.gov.au/local-governmentelections. Elections will be held September 8, 2012.