Byron Shire Echo – Issue 31.23 – 16/11/2016

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THE BYRON SHIRE Volume 31 #23 Wednesday, November 16, 2016

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Phone 02 6684 1777 editor@echo.net.au adcopy@echo.net.au 23,200 copies every week

FE FT A C T O PA ENT U U GE RE RE T S

www.echo.net.au

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Festival site’s court bid to keep govt in charge fails Hans Lovejoy

Organisers of North Byron Parklands, which is home to Spendour and Falls festivals, have defended their decision to take the NSW planning minister to the Land and Environment Court (LEC) to seek permanent event approvals from the state government instead of Byron Shire Council. A ruling by Judge Robson on November 4 rejected the request. Now nearing completion, a fiveyear trial for Parklands events was a consent condition by the NSW Planning and Assessment Commission. Paul Arrowsmith, president of Middle Pocket and Yelgun Progress Associations, says the case ‘was an attempt to change NSW state planning law/legislation to suit Parklands’ desire to increase patron numbers up to 50,000 per festival, while avoiding council and community scrutiny of activities on their unsuitable site [which] adjoins Billinudgel Nature Reserve and the very important most easterly wildlife corridor and SEPP14 Wetlands.’ ‘This follows the approval by the Planning and Assessment Commission to modify their conditions against community wishes.’ Mr Arrowsmith continued, ‘If the court had granted ongoing control by the minister, then Byron Shire Council would be denied the ability to charge the expected fees and charges and carry out proper oversight of the development, leaving it (control and oversight) to the planning department that has allowed a questionable ten per cent increase in numbers of patrons annually, even

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www.echo.net.au/ballina-policeface-assault-perjury-trial

Parklands reply But North Byron Parklands general manager Mat Morris told The Echo, ‘Parklands has never avoided its responsibilities with respect to any council fees and charges.’ ‘In fact, Parklands has paid Council $150,000 towards the new roundabout adjacent to the Yelgun interchange and has sealed both ends of Jones Road at a cost of $184,000. ‘If Mr Arrowsmith might recall, Parklands originally applied for and received approval via the Council back in 2008 to hold a festival; however, this council approval was challenged and subsequently invalidated by the LEC on a technicality (ie Council did not explicitly approve the internal roads for event usage making it impossible in the eyes of the presiding judge to hold such an event). ‘The recent decision from the LEC advising that Parklands cannot seek a modification to secure permanency as originally requested back in 2010 is due to the limitations of the planning law, not the performance of the event. As such, Parklands will now lodge a Development Application for permanency. ‘It is possible that this application may ultimately be determined by the state government. ‘Parklands will be guided by what the planning law requirements are as it has always done since its original application in 2010.’ Q Full story at www.echo.net.au.

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though festival promoters have failed to control traffic, patron access and egress and excessive noise emanating from the site in particular.’

One of the international acts coming to this year’s Mullum Music Festival is Russia’s pride, Dustyesky. They are seen here performing the Vulgar Bus Song and will join a swag of local, national and international artists who will spread across multiple venues throughout the town. Director Glenn Wright says this is ‘possibly our most adventurous program’ to date. The festival is now in its ninth year and runs from November 17 till 20. For more info visit www.mullummusicfestival.com. Photo Jeff ‘Dustied and Busted’ Dawson

Affordable housing plans back A Mullumbimby affordable-housing proposal that sparked resident concerns and had councillors divided in the previous term will be again thrashed out at this Thursday’s Council meeting. After being previously accepted, then refused, then accepted again and finally being refused by the council term of 2012–16, developer Koho Projects lodged an appeal of Council’s refusal to the Land and Environment Court on September 5, just before the September 10 council elections. And while the case is listed for an initial conciliation conference on January 24, 2017, Koho have negoti-

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Resolution sought To get such density on an average-sized residential block, a percentage of the dwellings will be leased as ‘affordable housing’ as defined within the State Environmental Planning Policy (Affordable Rental Housing) 2009. A lengthy staff report in the upcoming agenda says a resolution between Council and the developer include plans that are ‘substantially

similar to the development as depicted in the plans that form part of the appeal.' But staff have said it is ‘unclear from the information provided whether a share-car arrangement remains proposed for the development.’ ‘It is also not apparent whether the offer for the affordable housing units [is] to be maintained in perpetuity as affordable housing (not just for the required ten-year period). As for cost, staff say the estimated legal fees for defending the appeal to be $22,000 excluding GST, assuming that the hearing in the matter only takes one day.

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ated by dropping two of their original ten units on the residential block to eight and say they will supply a plan of management for the development.

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