THE BYRON SHIRE Volume 26 #26 Tuesday, December 6, 2011 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
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H U G G I N G O U R S E LV E S I N E L AT I O N
Monks bless objects for peace stupa
Holiday letting test case brewing Simeon Michaels
When is a residence not a residence? When it’s a full-blown, purpose built tourist facility. This is the complaint levelled against the owners of Byron Luxury Beach Houses located at 59 Shirley Street, Byron Bay. The complex of six free-standing units within a fenced estate was recently completed following the demolition of three original cottages. It abuts the strip of serviced apartments that flank the entrance to Byron Bay. However, 59 Shirley Street was, and remains, zoned residential. The complex’s website www.byronluxurybeachhouses.com.au describes it as a ‘boutique resort’ complete with a concierge service for babysitting and gifts upon arrival. Prices range from $2,800 to $9,000 a week, with a three night minimum. Residents objected to the developments on the grounds that it would become a tourist facility. Approval was granted, but Council inserted a consent condition prohibiting its use as short-term accommodation.
Last Saturday and Sunday the Gyuto Monks of Tibet began the blessing of the Kalachakra stupa for world peace at Crystal Castle, Montecollum. Locals and visitors came on Saturday with objects to place in the base throne of the stupa. Monks first chanted over the objects, which included personal drawings and prayers. See Sharon Shostak’s video of the event at echonetdaily.net.au. Photo Jeff ‘Stupa Is As Stupa Does’ Dawson
More time for West Byron subs The NSW Department of Planning and Infrastructure is giving the public an additional two weeks to comment on a rezoning proposal for West Byron off the south of Ewingsdale Road. The department said ‘technical issues that occurred this week with the online submission system have now been rectified and in recognition of this, the department has extended the exhibition period until Wednesday December 14’. The proponent, Byron Bay West Landowners Association, is seeking to have the 108 hectare site listed as a State Significant Site and rezoned for a
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mix of residential, industrial, tourism and environmental protection. Anyone who lodged a submission after Tuesday November 29, and is unsure if it has been received, should contact Anna Johnston on 9228 6329 or Christopher Forrester on 9228 6383. Submissions received during the public exhibition period, along with the proponent’s response, will be made available on the department’s website. If you do not want your name to be made public, this should be clearly stated in your submission. The department says, ‘If the rezoning is approved, the proponent would
be required to lodge future development applications with Byron Shire Council before any construction work could occur on the site.’ The site study can be viewed during business hours at Byron Shire Council’s Mullum offices and Byron Bay Library and online at http://majorprojects.planning.nsw.gov.au – follow the links to the ‘On Exhibition’ page. Submissions can be lodged online, emailed to plan_comment@planning. nsw.gov.au, faxed to 9228 6455; or posted to Strategic Assessment, Department of Planning and Infrastructure, GPO Box 39, Sydney NSW 2001.
The validity of Council’s new holiday letting condition, and the court’s willingness to levy fines that are effective deterrents, are yet to be given the acid test. With the enormous revenues generated by the complex, a test case may be brewing.
Compliance vote
In related news, councillors voted 7–1 last Thursday to ease off on unauthorised dwellings in the hinterland and concentrate instead on unapproved holiday letting. Council has re-ordered its compliance priorities program to this effect, and only dwellings which threaten safety are likely to attract compliance attention. Cr Tom Tabart, who put up the notice of motion to accomplish the change in Council’s priorities, told The Echo he was happy with the outcome. He said he was also happy with mayor Jan Barham’s move to have Council write to the state government to seek low-interest loans for landlords so they could rectify compliance problems for their tenants in affordable housing. Council is expecting a staff report Order to desist to its December 15 meeting on some According to Ralph James, council’s 50 properties engaged in holiday letmanager of compliance, ‘This specific ting, legal or otherwise. condition gives us a much stronger legal basis to prevent holiday letting than the general provisions of the LEP. It’s clear from their website that the site is operating as a tourist facility. An order to desist has been draft- Council officers last Friday shut down a house at 139 Jonson Street, Byron ed. We expect to issue it next week.’ 59 Shirley Street is owned by FMQ Bay, containing 19 occupants, eight of Pty Ltd, a company with four direc- them schoolies. Council’s health and tors and four shareholders in equal compliance team, with the assistance parts. The directors, all domiciled in of police, executed a search warrant Victoria, are Scott Emery, Andrew after complaints from neighbours, as Walkley, Andrew Didier and John well as Council being alerted to inFowler. Attempts to contact the di- ternet advertisements displaying the rectors were made through Byron property as being suitable for schoolLuxury Apartment’s booking agency, ies visitors. Council’s governance manager but no response was received. FMQ may defend the order in Ralph James said Council staff were court, but if found to have acted il- appalled at what they found upon exlegally, sanctions include fines of up ecuting the search warrant. ‘Council continued on page 2 to $1 million.
Council shuts down schoolies ‘slum’
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