THE BYRON SHIRE Volume 23 #48 Tuesday, May 12, 2009 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 21,000 copies every week
ROOM TO RANT
Feds give $8m to sport/cultural project Story & photo Eve Jeffery
The Minister for Infrastructure and Local Government Anthony Albanese shocked and pleasantly surprised those gathered at the site of the Byron Regional Sport and Cultural Complex last Thursday when he announced that the government would offer $8 million towards the new 40 hectare facility on Ewingsdale Road, opposite the Island Quarry. The funding is part of an $800 million Community Infrastructure Program, the largest one-off investment in local infrastructure in Australia’s history. ‘This is a growth region, one of the largest in Australia,’ said Mr Albanese. ‘We will provide every dollar that the Byron Shire Council asked for.’ Mayor Jan Barham found herself almost speechless as she welcomed the federal government’s acknowledgement of the value of such an ambitious project. ‘It’s very exciting that we can now proceed with the entire project instead of it being staged,’ she said. ‘The Byron Regional Sport and Cultural Complex will facilitate local and regional sporting needs and will also attract sporting events that will bring tourism benefits.’ The complex is expected to cost
Onsite at the location for the new Byron Regional Sport and Cultural Complex Paul Irwin, Mayor Jan Barham and Herb Elliott surrounded by children from local sporting clubs avidly waiting for the work to begin.
around $14.2 million, so the federal funding is a significant contribution and supports a previous federal government’s Better Regions funding application for $1.5 million. Council has
also made a substantial commitment with the balance of the funds coming from loans, special rate increases and Section 94 reserves. The Byron Regional Sport and
Cultural Complex funding submission has been a partnership between Council and the Ewingsdale Sports Field Working Group which included members of the Byron Bay Sports As-
sociation, community members and Councillors Barham and Tucker. Two of the working group’s members, convenor Paul Irwin and Australian sporting legend Herb Elliot, were present for the exciting announcement and pleased to see such a great outcome for the project. Paul Irwin said he was still numb from the $8 million announcement. He was expecting maybe $3 million but hoping for $5 million. ‘This has been a five year process which initially started out with the recreation grounds upgrade,’ said Mr Irwin. ‘It was always acknowledged that facilities were inadequate for the area and the shire as a whole. What was needed was a facility that could not only encompass the local demand but could also enable the shire to have a facility that would encourage regional use for sports carnivals and representative use.’ Mr Irwin, who has three children of his own, said that he is very excited about the project which will hopefully be finished in two years. ‘People often said to me it will never happen or you might see your grandchildren use it. I never thought that way.’ The vision for the complex has changed from its original concept of a sporting and recreational facility continued on page 2
Court knocks back approval for trial Splendour event The Chief Judge of the Land and Environment Court last Wednesday overturned a Byron Shire Council approval for a Splendour in the Grass festival on the North Byron Shire Parklands site at Yelgun and Wooyung. CONOS (Conservation of North Ocean Shores Inc) brought the challenge against Council’s approval. The Environmental Defender’s Office Northern Rivers represented CONOS in court, arguing that according to the proper interpretation of the local planning controls the festival was not legally allowed on the high conservation value lands at Yel-
gun. The matter was heard over three days in February this year. CONOS President Bob Oehlman said, ‘We are absolutely thrilled that the land that we have fought so hard to protect in the past has once again been protected from inappropriate development. From a whole of landscape perspective this land is extremely significant as it is a wildlife corridor of regional significance.’ Solicitor at the Environmental Defender’s Office Northern Rivers, Sue Higginson, said, ‘This was largely a case of characterisation. CONOS argued, and the Court has agreed, that
the development application properly characterised was for a Temporary Place of Assembly being the Splendour in the Grass music festival. Temporary Places of Assembly are at law prohibited under the Byron Local Environmental Plan in the 7(k) habitat zone which is what a significant portion of the relevant land is zoned. ‘Therefore, CONOS argued that Byron Council did not actually have the power required to consent to the development. Splendour in the Grass Pty Ltd on the other side argued that the parts of the Temporary Place of Assembly in the habitat zone were
primarily a network of roads and because roads are permissible with the consent of Council in the habitat zone the development as planned was lawful and Council could consent to it if it decided to. However, the Court found that the roads are a fundamental component of the prohibited use of temporary place of assembly, and are not severable and therefore the consent must fail. ‘The Court also found that Council failed to reach the necessary opinion that the development was consistent with the specific objects of the habitat zone, which are designed to protect
the high conservation value of the land. The Court found that most of the evidence before it indicated that the development was in fact inconsistent with the objects of the zone and that this was a further reason that the consent must be declared invalid and of no effect.’ Mr Oehlman said, ‘The outcome of this case sends a significant message to developers and councils that local planning controls are not political instruments that can be conveniently bent and twisted to suit the whims of developers and landowners. Local
enrich your spirit
www.crystalcastle.com.au Open 7 Days 10am-5pm (NSW time) 81 Monet Drive, Mullumbimby 40 mins from Tweed Heads 20 mins from Byron Bay (02) 6684 3111
continued on page 6