Secret deal in Mullum’s ‘affordable’ unit plan under fire

By Hans Lovejoy

In their last official meeting under ‘caretaker mode’ before elections, Councillors have again refused a contentious affordable housing development in Mullum’s CBD.

It ends many attempts to find a solution suitable to both residents and the developer.

Reasons for refusal include that it is incompatible with a swag of planning policies and legislation – they include proposed character, environmental impacts, excessive bulk and being ‘incompatible in scale with development in the locality.’

It was also considered to be contrary to the public interest under the Environmental Planning and Assessment Act 1979.

Remarkably all were in favour except Crs Paul Spooner and Sol Ibrahim.

The development company behind the plans, Koho, riled residents a few months back after announcing it wanted to plonk 10 units on a house block in Stuart Street, which critics say would set a precedent.

Such development can be achieved under the ‘affordable housing’ section of the State Environmental Planning Policy (SEPP).

It’s a state government directive, but contentious as it gives developers benefits such as relief on unit size, car parking and fee exemptions. The term ‘affordable’, critics also say, is relative to income.

Moved by Cr Duncan Dey Greens), the retiring councillor took aim at the previous last minute deal – which was behind closed doors with the developer – and saw the units reduced from ten to eight.

Cr Dey reminded the chamber the history of the last vote, where at the last meeting, councillors voted to seek a better outcome in the morning but by the afternoon councillors voted to allow it.

‘Negotiations should be done publicly,’ Cr Dey said, ‘Out in the open and in a formalised process, not informal discussions with the proponent.’

He said, ‘This motion creates that process. Neighbours bought their property with the expectations of single houses on blocks’.

Cr Dey also mentioned the high level of objection, and said while he wasn’t against the idea, planning should be done strategically.

But Cr Spooner (Labor) again hammered the narrative that rejecting affordable housing does not address affordable housing.

‘We will possibly lose the opportunity,’ he warned.

‘This [motion] is meant to frustrate what has already been approved, there is no respect shown by doing this. It smacks of desperation and we are proceeding on shaky legal grounds, we could end up in court.’

Cr Spooner also accused those in favour of more negotiations as playing reactionary politics.

‘A house in Mullum just sold for $900k. How is that affordable? This is dividing the community,’ he said.

Another mayoral candidate, Rose Wanchap, wasn’t supportive of allowing it as it was presented and said it wouldn’t address ‘all those paying high rents’.

‘If you want affordable housing, you would have supported West Byron and all the other developments throughout the term that would helped,’ Cr Wanchap, said.

‘This process has been trashed.’

She then told Cr Spooner, to applause from the gallery, that ‘You wouldn’t want this in your back yard.’

Perhaps the most remarkable turn of events came from another mayoral candidate, Alan Hunter (National Party).

In the four years of council, it’s hard to recall any development that sitting Cr Hunter has rejected, so this may well be the first.

While he was initially for it, he raised concerns about the the ‘massive change in density.’

‘We need to be sensitive,’ he said. [We need to] consult with the community and get some breathing space. While it fits into state government guidelines, we need to back off,’ he said.

Another mayoral candidate, Basil Cameron (Independent), also voted for more consultation.

Cr Cameron told the chamber that part 16A of the SEPP describes the character of the local area.

‘How do we determine this? It’s in the LEP DCP and planning documents,’ he said.’

He argued that the heritage characteristics of the town specify it must remain single storey. ‘It’s two in this case. It does not fit.’

Mayor Simon Richardson, who is seeking re-election as mayor, made the point that just because he may oppose some aspects of the proposal, he is not anti-affordable housing.

He then rattled off ‘proud achievements’, such as the first council to roll out granny flats and the ability for people to live and work in the industrial estate.

‘At times, we have had the maturity to say no and the Brunswick Heads boarding house is an example,’ the incumbent mayor said.

In that instance, council refused a high density proposal which was challenged and then won in court.

‘We need to hold firm. It’s their [the developer’s] choice if they take us to court. We supported them with other developments and are building a relationship.’

‘The issue is – is it in keeping with community expectation?’ he asked.

Outgoing Cr Sol Ibrahim was instant in his response that it was acceptable because it was lawful.

He spoke of the ‘wider silent community who aren’t here or are even aware that it’s up for consideration.’

‘The state government makes the rules for councils and the SEPP was created because residents usually say no,’ Cr Ibrahim said.

‘The consequence is that affordable housing was not being done.

‘The application meets all the requirements. It has to be within 400 metres of village centre, it meets every single requirement. We will lose and have to start again.’

The vote taken resulted in Crs Ibrahim and Spooner voting against and Crs Dey, Di Woods, Hunter, Wanchap, Cameron and Richardson voting for (Cr Chris Cubis absent).

• This story was amended to reflect that councillors refused the DA (they did not seek to negotiate) and the inference that negotiations with the developer was brokered by Cr Spooner. Cr Spooner told Echonetdaily it was the planning staff.