February 9, 2010 Byron Shire Echo – Ph 02 6684 1777

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THE BYRON SHIREVolume Tuesday, February 2, Mullumbimby Byron Bay Fax , copies every weekhealthandthe more things change, the more things changebeautypage was refused because the applicant failed to demonstrate that appropriate arrangements could be made for the management of sewage generated by the development. Woolworths lodged an appeal against the councils decision in the Land and Environment Court and was permitted to submit revised proposals for the on-site

system

. Mullumbimby currently has a moratorium that prevents any new developments being connected to the towns overloaded sewage system until a planned upgrade is complete. Mullumbimby Community Action Network MCAN coordinator Deborah Lilly expressed dismay at the decision. The Court was informed that

byron shire

Council, the Department of Planning consultants Whiteheads Associates and the soil expert, Catherine Hird, commissioned to give evidence in the case, all agreed that the Station Street site in Mulproposal include the lack of buffer areas separating the effluent from public thoroughfares and boundaries, the site being too close to residential areas, too close to drainage that flows into the Brunswick River, the need for effluent pumpout which effectively means this is an off-site, not an

onsite system

and the inadequacy of a management plan described by the Senior Counsel as unworkable. Furthermore, Woolworths was given four months and two deferred hearings in order to come up with yet more revisions to the already heavily revised

onsite

system, which has rendered the management of the onsite system an impossible farce. Byron Shire Councillors decision commissioner robert hussey at the mullum site inspection last septem- to refuse the onsite was justified the plan must have been flawed beber. Photo Lou Beaumont cause they have had to revise it so lumbimby is too constrained for the many times. Impossibly complex and onsite sewage disposal. unworkable, the Woolworths onsite Other contentious factors in this sewage system is a white elephant and a health hazard. I am disgusted by the Court process. Greens MLC Sylvia Hale described the ruling as a victory for dubious planning decisions. She said the decision of then Planning Minister Frank Sartor to rezone disused railway land for retail development and to approve in November the construction of a supermarket in the face of Councils refusal was unacceptable and the end result has been a decision that favours a giant corporation. Country residents are all too aware of how supermarket developments in their towns have sucked the lifeblood from small, main street shops. The opposition to the development is not going to disappear in the face of this decision. I anticipate that the vigorous Woolworths dont shop here campaign will be all the stronger. After all, whats at stake is the very character of Mullumbimby. n comment, page , Letters, page Court gives nod to Woolies in MullumLand and Environment Court commissioner Robert Hussey last week gave approval for Woolworths to install and operate their proposed onsite sewerage management system for the proposed supermarket development in Station Street, Mullumbimby. Byron Shire Councils executive manager of environment and land use Ray Darney said the approval is valid for five years and subject to conditions granted by the court. One of the conditions included is that installation cannot commence until the approval issued by the Minister has been modified to incorporate the redesigned onsite system, Mr Darney said in a press release. He said Council was yet to see a final copy of the courts conditions of approval. In August , Byron Shire councillors rejected Woolworths Section application for any onsite sewerage system in Station Street, Mullumbimby. Mr Darney said the applicationWeir all in this together eeling ceremony at Shearwater watercoursestory photo Lou BeaumontAn old concrete weir that lay across Mullumbimby Creek on Shearwater Steiner School land has been removed and replaced by an environmentally sensitive version. A combined initiative of State Governments Industry and Investment and

state water

, weirs built throughout NSW during the s were assessed. Some of the concrete dams, known as Jack Beale weirs, were found to be, at best, no longer serving their intended purpose, and, at worst, had become dysfunctional, impacting on the environment. Matthew Gordos, Conservation Manager with Industry and Investment NSW, told The Echo, This particular weir at the Steiner School was leaking and its presence was impacting on migrating fish and other wildlife. Together with State Water we agreed that the weir was no longer serving landholders either and anagreement was made to remove it. Solely removing the weir was not an option as it would have significantly destabilised the river banks, so we have built a rock ramp fishway in its place. Now instead of juvenile fish and marine life, such as gudgeon, catfish, eels and mullet, coming up against a concrete weir, they swim directly up a gentle slope, providing them with access to a further kms of waterway upstream. Senior Project Manager for State Water, Frank Kinnas, said, By replacing just three weirs in this region alone, Shearwater, Casino and one near Kempsey, kms of river has been opened up. We State Water were able to assess weirs that were no longer functioning well but we needed Matthews expertise to replace them with appropriate structures. A lot of design and engineering goes into the building of From left, shearwater steiners head of bush regeneration and gardening, Ken ohlsson, with matthew gordos, rock ramp fishways such as this. the conservation manager industry and investment nsW and the senior Project manager for state Water, Frank continued on page 2 Kinnas, at the new and improved rock ramp weir.ABN echowebsectionLocal News