Health +
THE BYRON SHIRE Volume 31 #38
Healing
Wednesday, March 1, 2017
www.echo.net.au Phone 02 6684 1777 editor@echo.net.au adcopy@echo.net.au 23,200 copies every week CAB AUDIT
Having trouble Trumpland flushing that nuggetty dispatch by Abbott? – p10 Frazer – p17
Gigs across the Shire and beyond – p36
Hans Lovejoy
Kirsty Krourbeis emerges from the Billabong Airstream caravan on Main Beach at the Byron Bay Surf Festival held last weekend. Photo Jeff ‘Dawson
The Byron Bay Surf Festival is back. After a weekend of perfect weather conditions and impressive attendances, Byron Bay Surf Festival directors James McMillan and Max Tischler have confidently declared their event a success. ‘We are both overwhelmed and delighted and so happy to see how the weekend unfolded,’ Max told The Echo. ‘It was a great weekend and it really exceeded our expectations!’ The two admit now that they were a little nervous about how they would be received after the fledgling festival took a year out last year. Coming back after a two-year hiatus can be a challenge for an annual event. But their fears of being forgot-
Need a tradie or professional service? – p37 –41
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When will I get my NBN? www.echo.net.au/will-get-nbn
Action on holiday letting dropped
Huey’s big surf weekend
Mandy Nolan
18–19
VA L I D AT E , R E G U R G I TAT E , A B B R E V I AT E , S C I N T I L L AT E
ten by the local community were definitely allayed on Friday night at the Sunset Cinema, when close to 3,000 people assembled on rugs for the outdoor screening of the movie Given. ‘We were humbled by the turnout,’ said Max who said it, ‘really sent the message to McMillan and myself that we are on the right track with the Byron Bay Surf Festival.’ The Byron Bay Surf Festival was not a ‘ticketed’ or ‘gated’ event. Many of the events were in public spaces such as the beachside markets on Saturday or the Sunday surf events at Wategos, and were free.
Full to capacity attendance The ticketed events were held at the Beach Hotel and the Byron Bay
Community Centre. All events over the weekend, including the opening Surf Art exhibition, experienced full to capacity attendance. Sunday’s surf events at Wategos also saw hundreds line the beach throughout the day, although Max felt that the new parking restrictions did make holding the event there more challenging for local attendants. ‘It’s logistically difficult to get people to Wategos now and I think we lost a few people because of that. Although we did have shuttle buses from the Pass. ‘Sunday at Wategos for us was a great way to wind the festival down,’ Max went on to say, ‘with everyone in the water. We had teenagers surfing in events alongside some of our elder statespersons of surfing, such as Rusty Miller.’
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Compliance with holiday letting has been abandoned by Council, with Cr Paul Spooner telling The Echo that there were no ‘results being achieved by sending in the lawyers.’ The Echo understands that the last case pursued was on February 28, 2013, where Council appeared to have been awarded legal costs against a Ewingsdale holiday-let owner. From a report from the ordinary meeting of February 28, 2013, (page 52) it claims, ‘Council’s legal costs will exceed $50,000. Staff will take immediate steps to recover those costs.’ So given that costs are generally awarded to the successful party in a court case, why has there been no appetite for compliance?
Circumstances Council’s legal services co-ordinator Ralph James explained that, as a general rule, a successful party to proceedings in classes one, two and three of the Land and Environment Court would not be awarded their appeal costs. Mr James told The Echo, ‘A holiday-letting case would normally be taken in class one’. ‘Unlike ordinary litigation where “costs follow the event”, the Land and Environment Court Rules 2007 provides that the Court may only make a costs order where it is fair and reasonable in the circumstances. Much will depend on the circumstances. ‘The Court has pointed out that if
there were no reasonable basis for the appeal in the first place, it may be fair and reasonable for a costs order to be made against the discontinuing party. ‘On the other hand, if evidence emerges during the course of proceedings and as a result the applicant decides there is an increased risk in the litigation, it may well be sensible for the applicant to discontinue. Imposing a costs order in these circumstances would only serve as a disincentive for an applicant to discontinue,’ Mr James stated.
Unsuccessful Cr Paul Spooner told The Echo, ‘The last council decided to stop chasing people through the courts in regards to the use of properties for holiday letting because it had not been successful and was costing a heap of money.’ ‘Council decided that a more productive path to follow was to develop a management strategy for holiday letting based on regulations. This was then developed in consultation with stakeholders from resident organisations and letting representatives. The developed strategy was adopted by Council and sent to the state government for consideration. The details of this proposed management strategy are still being negotiated. ‘While legal action has been paused, for the planning matters action is still available against holiday lets where there are amenity impacts on local neighbours or fire safety issues.’
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