EVERYTHING IS GOING ACCORDI... The Byron Shire Echo • Volume 33 #47 • Wednesday, May 1, 2019 • www.echo.net.au
Bundjalung Native Title recognised Old Woolies slated for
$40m 146-room hotel Paul Bibby The developer behind Byron’s Mercato shopping mall is planning to build a sprawling $40m mixed-use development on the old Woolies site next door that significantly exceeds both height and floor space limits. In a development application that was lodged just before Christmas, developer Mercato is proposing to build a 146-room hotel, function centre, and retail premises on the Jonson Street site.
Floor space and height exceedance Echoing sisters from the past, Delta Kay, Danza Kay Vidler, and Yvonne Kay Stewart celebrated with Aunty Dulcie and remembered Aunty Lorna and Aunty Linda. Native title is the legal recognition that Indigenous people were the traditional owners of an area prior to 1788, and have ongoing rights and interests in land, seas and waters. Photo & story Eve Jeffery On Tuesday, the Federal Court convened at Brunswick Heads to recognise the native title rights of the Bundjalung People of Byron Bay. A 25-year journey travelled its last leg early in the morning at the Ironbark campsite in Byron before moving to the Cape, The Pass, and finally coming to rest at the Brunswick River where the court convened before Justice Robertson at Torakina. After describing the area covered by the title, Justice Robertson spoke about the past and the future. He said, ‘This is not a determination of rights. This is a recognition that those rights have always been there.’ There the Byron Bay people, the
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Arakwal–Bumberbin Bundjalung, had their native title rights recognised. Aunty Dulcie Nicholls spoke to the court early in the morning at the Ironbark campsite. ‘Twenty-five years is a long time,’ she said. ‘We always had to go to meetings and fight. It’s been like forever on this long struggle, and now I am happy to be here for my sisters and my family.’ The convoy moved to Cape Byron, before travelling to The Pass where those gathered listened to Delta Kay talk about that place. ‘An archaeological study was completed at The Pass midden in 1994 after Arakwal elders called for the protection of the site,’ she said. ‘An excavation of an area was dated at over 1,000 years old. ‘Our elders’ stories are proven
Byron Shire Council Notices ▜ p12
in the evidence found in the study. This midden is an important link to our past – today our people still gather and eat here.’ The last stop was Torakina, where His Honour Justice Robertson handed down the determination before more than 300 Bundjalung people who gathered for the announcement. Native Title applicant Stanley Kay expressed his delight at the recognition of native title. ‘I and others were given an obligation and responsibility by the aunties and uncles to stand up and speak for country, to speak for family,’ said Kay. ’It has been such a long and at times difficult journey, but by working together we have achieved a â–ś Continued on page 2
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Named Essence of Byron, the three-storey development is topped with a private rooftop pool and bar that takes it more than 20 per cent above the 11.5m height limit for central Byron. The development’s 7,515 square metres of floor space also represents a 36 per cent exceedance of the floor-space ratio limit for this part of town. Central to the developer’s justification for seeking to build higher than the rules allow is the fact that Council, led by Greens mayor Simon Richardson, gave it permission to do so on its shopping plaza next door. ‘The proposed scale and form of the development is compatible with the adjacent Mercato on Byron shopping centre,’ the application states. The variation to height limits for the shopping centre was granted in return for a pledge by the developer to include cutting-edge
environmental features. The pledge for a five-green-star rating from the Green Building Council of Australia has been downgraded to an aim. With no such promises being made in relation to Essence of Byron, the wisdom of Council’s decision to allow the height limit exceedance is now being questioned. Cr Cate Coorey told The Echo, ‘This is a game changer for Byron because we don’t have any really big hotels like this in town’. ‘Council recently consulted with the community about increasing height limits in the centre of town and the feedback was clear – people don’t want it. ‘They’re using the fact that we allowed the Mercato shopping centre to go over the height limit to justify going over it again here. ‘I opposed that decision at the time and I think this shows that it was a mistake because it set a precedent.’ But acting mayor Michael Lyon told The Echo he did not believe a precedent had been set. ‘That exceedence was only allowed in very specific circumstances which don’t apply here,’ Cr Lyon said. He added he opposed the proposal in its current form.
Planning panel decision It appears Council will have no say as to whether Essence of Byron goes ahead, because with a price tag of $39,897,000 it will automatically come before the Northern Regional Planning Panel (formerly the Joint Regional Planning Panel) â–ś Continued on page 2
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Enjoy the good life ▜ p24
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