The Byron Shire Echo – Issue 36.46 – April 27, 2022

Page 1

SORRY, ELON, WE’RE NOT FOR SALE The Byron Shire Echo • Volume 36 #46 • April 27, 2022 • www.echo.net.au

A solemn reminder of war’s toll Why is Byron Council losing in court? Hans Lovejoy

After being postponed owing to COVID-19 for the past two years, ANZAC Day was again observed throughout Byron Shire towns on Monday. Australian and New Zealand Army Corps (ANZAC) Day respects and remembers those who sacrificed their lives in World War I. Pictured is the march down Bangalow’s main street; similar events, including the dawn service, were held in Brunswick Heads, Mullumbimby, and Byron Bay. Photo Jeff Dawson

Richmond candidates locked in for 2022 The AEC have announced all local candidates for the May 21 federal election, which puts ten candidates before you, the voting public. While preferences are yet to be confirmed, previous elections have seen Labor elected with the help of the Greens vote, which has traditionally been very strong in Byron Shire. Incumbent Labor MP Justine Elliot (www.justineelliot.com.au) is again running for re-election, and has represented the area since 2004. While former Nationals candidate, Matthew Fraser, drew more

Post-flood planning – where is it at? ▶ p4

votes in 2019, Mrs Elliot was elected after Greens preferences, with a four per cent margin. Running for the Greens in 2022 is comedian, author, and activist, Mandy Nolan. On the Nationals Party ticket is Kingscliff resident Kimberly Hone, who runs a Christian fitness coaching practice with her husband. Ocean Shores resident and naturopath Monica Shepherd is running on the Informed Medical Options Party (IMOP) ticket. Rob Marks is running on megawealthy miner Clive Palmer’s UAP

Richard Hil asks, is the nation worthy of a planet? ▶ p16

ticket. Byron resident and Independent candidate David Warth has a filmmaking background: www.davidwarthwildlife.com. Small business owner and Cudgen resident Nathan Jones is also running as an independent candidate: www.nathanjones.net.au. There is little information available on Independent Terry Sharples and One Nation candidate Tracey Bell-Henselin. The Liberal Democrats candidate is Murwillumbah local Gary Biggs: www.garybiggs.com.au.

Is Council’s legal strategy reflective of community wishes or are costs being minimised by folding on court cases? While that is not entirely an easy question to answer given closeddoor negotiations between lawyers, there are some clues within court judgments where Council have been taken to court. In recent years, Council have lost many court battles against speculating developers. Council candidate for 2021 and lawyer, Bruce Clarke, is asking Council’s legal team to explain why it appears they gave up the fight on the recent West Byron decision ‘by instructing its solicitors to make significant concessions’. According to Mr Clarke, Site R & D Pty Ltd, or the ‘locals’ consortium of developers, gained almost all the concessions they sought for their West Byron DA by Commissioner Michael Chilcot in March. As of going to press, no reply was provided by Council’s legal counsel, Ralph James. A reply is expected next week, however. Mr Clarke says that as one of the seven objectors who provided evidence in the recent Land and Environment Court hearings, he shares the concerns aired by Councillor Cate Coorey about the Court’s approval of the West Byron development. The consent authority, the Northern Regional Planning Panel (NRPP), he said, ‘unanimously rejected the development application’. ‘It had meticulously dealt with the important issues including flooding, impacts on the Belongil catchment,

Australia confirms world’s first climate change extinction ▶ p18

Former councillor warns of shanty towns ▶ p26

traffic, visual amenity and effects on fauna and native vegetation. ‘Bearing in mind the strength of the decision by the NRPP, I would have thought there would be good grounds to appeal against the Land and Environment Court’s decision, until I read Commissioner Chilcott’s reasons’.

Concessions He says, ‘Put simply, it appears that Council had conceded on virtually all the grounds that the NRPP had based its refusal of the development’. ‘The Commissioner, therefore, did not have to make a formal finding on these significant issues, and therefore no legally acceptable grounds for an appeal were created. ‘Our community was overwhelmingly opposed to the development and many of us, including some 2,000 who put in written objections, worked hard to protect the Shire from the many adverse effects that would result from this development. ‘I spent many hours researching the proposal, writing detailed objections and preparing my evidence for court. ‘Council did instruct competent solicitors to fight the development, but failed to inform either me, my fellow objectors, or the community at large of its decision during the hearing, to apparently back down on the key objections to the development. ‘We deserve to be told why Council appears to have given up the fight by instructing its solicitors to make those significant concessions’.

Delight Mum with our Mothers Day feature ▶ p27

Mother's Day

Treat mum to a delicious selection of lunch time specials & favourites.

Sunday 8th May

Chance for mum to win a $250 hamper

Bookings Essential

Free entry | Book now 02 6685 6878

Jonson Street, Byron Bay • 02 6685 6878 • www.byronbayservicesclub.com.au


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.
The Byron Shire Echo – Issue 36.46 – April 27, 2022 by Echo Publications - Issuu