THE BYRON SHIRE Volume 25 #23 Tuesday, November 9, 2010 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
Restore planning powers to local government: Greens Story & photo Hans Lovejoy
The State Government’s controversial legislation that gives them veto over Council’s decisions on planning was highlighted this week by Greens State member David Shoebridge. He claims it will see a decision on the West Byron Urban Land Release Area made by the Minister for Planning instead of Council. ‘It is simply outrageous that the developers can choose to bypass Byron Council and have their development assessed by the Minister for Planning. Why should a Minister in Sydney decide West Byron development?’ said Mr Shoebridge. ‘Decisions of this importance must be made by people who have to live with the consequences of that decision,’ he said. ‘Key local planning decisions should be made by the local council following genuine consultation with local residents.’ ‘By any measure the proposed 108 hectare site just west of Byron Bay is an over development,’ he said.
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AMICUS AMICUM RECTUS RECTUM
Deadly Dhinawan tops the charts
‘If approved, it will have an enormous impact on Byron Bay. ‘It’s clear Byron Council wanted to assess this project in the context of a new Local Environment Plan for the whole Shire, and that seems to me the right and proper way to assess a project of this magnitude. ‘Labor’s corrupted planning system has been put in place with the support of the Coalition. It has handed power over planning and the environment to developers, with the views and skills of local residents ending up ignored. Mr Shoebridge was in Byron last Friday as part of a state tour of local councils to garner support for the repeal of Part 3A, which gives the State power over councils. ‘I know Mayor Jan Barham and her team are working hard with residents on this issue, and I’d encourage people everywhere to join the Greens campaign against Part 3A.’ Minister for Planning Tony Kelly’s office and Shadow Minister Brad Local Indigenous man Dhinawan from Hazzard will be responding to ques- the Dealy Dancers has been maktions on the issue in next week’s Echo. ing news in recent weeks – he’s been shortlisted to appear when Oprah visits the Opera House and was there
last Sunday, reprising his role in the pilot episode of the hit UK children’s program ZingZillas. The song from the show, ‘Do You Didgeridoo?’ has in recent weeks become
the number one song on both the UK children’s charts and iTunes children’s downloads. For more visit Dhinawan’s website: www.dhinawandreaming. com.au. Photo Smartset Photography.
Council drops case against Buck$ Michael McDonald
Pictured from left at the proposed West Byron Project is Mayor Barham, Michelle Gratten, Cr Tom Tabart, Cr Simon Richardson and State Greens member David Shoebridge.
Byron Shire Council aims to revoke orders in the Land and Environment Court against Fast Buck$, aka John Anderson, in relation to development of his property at Coorabell. A letter of November 2 from Council’s solicitors Marsdens Law Group advises Buck$ that Council ‘is prepared to revoke this order on the basis that the appeal proceedings are to be discontinued with each party paying their own costs.’ In a statement Buck$ noted ‘In June Council voted without notice and without debate to give the General Manager authority to take whatever action against my property he deemed fit. Accordingly in September
I received orders to cease, desist and remove etc under the Local Government Act and the EP&A Act. ‘The decision to now withdraw those orders has been made by the GM, not by the elected councillors, who still have not admitted to their procedural folly.
Multiple occupancy claims still valid ‘I can only speculate as to the politics behind this retreat, but a letter from Council’s lawyers cited my claim that my 1990 multiple occupancy is still valid. Clearly this would need to be resolved before any orders could be made against specific dwellings on my property. It seems then that the
revocation reflects legal advice rather than any outbreak of common sense about the unauthorised rural dwellings problem.’ When asked to comment on reasons for dropping the order, Council pointed to the staff report in the agenda for this coming Thursday’s meeting. The report notes in part: ‘Council has previously been advised in similar matters that defending appeals against orders is not the most efficient or cost effective way in which to pursue enforcement action. This is because even if the Court determines that Council issued Orders are valid and enforceable, that can sometimes have no practical effect, as further
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