THE BYRON SHIRE Volume 30 #18 Wednesday, October 14, 2015
The
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Council staff What’s Farewell James Echo Arts & get political New? Cruikshank property Industry – p8 – 26, 27 – p6 – p19–23 – p24, 25
Welcome home, champ
Newly crowned world adaptive surfing champ, Mark ‘Mono’ Stewart, was given a warm welcome home at the Rails last Saturday. He’s pictured with his coach Antony Mikellides. Byron Councillors even passed a resolution on Thursday, naming October 2 to be Mark ‘Mono’ Stewart Day in Byron Shire. Photo Jeff Dawson
OS Roundhouse site back to court Chris Dobney
The Ocean Shores Community Association (OSCA) has successfully sought a court injunction preventing the sale of the controversial Roundhouse sites by Byron Shire Council. The sites were sold last month all before noon in an unorthodox firstcome, first-served sale. And OSCA, which has been fighting the sale for more than a decade, recently released a video to explain its case. It’s available at http://bit.ly/1R7T3Wo. It is the second injunction taken out against the council in as many months. At a hearing of the Land and Environment Court last Friday (October 9) the court granted an
order against the council, restraining it from selling, exchanging, or otherwise disposing of any part of Lot 530 DP 238451 (the Roundhouse). The matter will return to court within 14 days for the judge to hear the council’s appeal against the order. OSCA executive member John Youdan said that the law was ‘very clear: community land cannot be sold.’ ‘The council itself zoned this land community. The people of Ocean Shores have consistently resisted the attempts by Byron Council to sell the Roundhouse land,’ Mr Youdan said. ‘During the recent Gateway Determination process the community consultation consistently objecting to the sale of the Roundhouse land
was ignored. The community has a sense it was betrayed by the council,’ he added.
Staff dispute claims Meanwhile Byron Shire Council’s legal services co-ordinator, Ralph James, said he was ‘vigorously defending the matter’ and ‘The allegation by the group that the land was zoned community use and classified as “community land” and therefore could not be sold, was incorrect.’ ‘The land was zoned residential use back in 1996 and reclassified as “operational land” in March 2002.’ He says he also disputes the allegation that a ‘community trust’ was set up over the land.
Still Serving all of our Bistro favourites Still serving all of our Cafe favourites
Revolution pages 14-18 Online in
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Forums to probe regional bioenergy projects www.echo.net.au/forums-to-proberegional-bioenergy-projects
Myocum residents take complaints to state govt A Byron Shire councillor’s storage facility on a short quiet Myocum road is still causing headaches for residents, but they aren’t giving up the fight. Pinegroves Road locals have now taken what they say is Council staff ’s failure to respond to their written concerns regarding breached conditions to the NSW Department of Local Government and the NSW Ombudsman. Additionally they claim Cr Alan Hunter misled his fellow councillors when they voted to approve the facility over a year ago. It’s the latest instalment in a long running dispute between the high profile Nationals member and his neighbours. Resident Rebecca Chaffer told The Echo that at no time did Cr Hunter’s DA mention a self storage facility, only a road transport terminal. She said, ‘Regardless of whether a business is permitted in the zoning, it still has to be assessed to determine if it meets the zoning objectives. Therefore, [this] DA needs to clearly outline what the business is and be assessed accordingly.’ Mrs Chaffer added the storage definition within the LEP is ambiguous. But Cr Hunter defends his activity, telling The Echo that ‘The current Byron Shire LEP has “storage premises” as a permissible use with consent in the RU-2 and IN-2 land use zones. By definition, “storage premises” is the parent activity and includes self storage.’ It’s a claim supported in the 2014 LEP; self-storage units is defined as a type of storage facility under its dictionary, yet are also defined
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within industrial zonings Cr Hunter says, ‘Our farm had two zones under the former LEP; 1(a) and 1(C1). Road Transport Terminal was a permissible use in the 1(a) (now RU2) zone. The elected Byron Council with staff recommendation approved the use of the farm shed as a Road Transport Terminal (bulk handling of goods arriving and leaving by road) under the 1988 LEP. ‘As far as I am aware, Council staff have had no issue with the current use of the building however it is advertised. There is no restriction on what is advertised. The primary concern was at first just trucks but now appears to be cars and utilities on the public street beside their house and complaints are about their safety and preference to walk, skateboard, stroll and have their children play on it. ‘Storage doesn’t generate a lot of traffic and many farm activities like feedlots, dairies and piggeries, even cane growing, all permissible in RU-2 along with many other nonfarm activities, have the potential to generate more traffic, odours, dust and noise. As far as I am aware there hasn’t been complaints about the offensive nature of the storage activity.’
Sense of entitlement But another resident, Angus Way, told The Echo, ‘The sense of entitlement is staggering. Alan is listing a bunch of alternative uses like feedlots, dairies and piggeries, even cane growing. None of those activities require constant light vehicle traffic access for the general public, seven days a week. continued on page 2
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