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Byron Shire
March 29, 2024

Council knocks back Bruns caravan parks approvals

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North Coast Holiday Parks GM Jim Bolger conducted the controversial consultation over the parks' plans of management.  Photo Sharon Shostak
North Coast Holiday Parks GM Jim Bolger conducted the controversial consultation over the parks’ plans of management. Photo Sharon Shostak

By Eve Jeffery

Byron Shire councillors voted 8–1 last Thursday to knock back North Coast Holiday Parks’ application for renewal of its licences to operate the Massey Greene and The Terrace Reserve caravan parks at Brunswick Heads.

Cr Diane Woods voted against the motion, saying ‘Nothing has been done to remedy the non-compliance issues. In fact there is actually more non-­compliance’.

She said that she failed to see why council couldn’t be stronger in its language in regards to the renewal of the caravans parks agreements.

‘Ferry Reserve is currently operating without a licence. We are meant to issue a licence and we haven’t done that yet. Is there some exposure for this council and for councillors in general?’

Ongoing headache

The management of the caravan parks and foreshore areas has been an ongoing headache for council and the community, with little hope of resolving this issue to everyone’s satisfaction.

During public access, John Dunn, representing the Brunswick Heads Progress Association, addressed Council in favour of the staff recommendation to deny the approvals.

Mr Dunn said he was happy that council is not automatically letting parks and foreshores become slowly included into caravan park areas.

‘Council should be applauded for the stance they have taken over recent years to support our community in protecting our foreshores and opposing Crown Lands’ and North Coast Holiday Parks’ attempts to validate encroachments on public open space,’ he said.

Mr Dunn said that council had in recent times negotiated with North Coast Holiday Parks (NCHP) in good faith.

‘They have twice granted interim licence agreements, yet the only contribution NCHP has made has been plans of management that firstly ignore the restrictions placed on them in relation to the boundaries of the caravan parks, and secondly show utter contempt for the wishes of the community.’

‘Contempt’

‘North Coast Holiday Parks have had years to bring the parks up to standard but have failed to do so. Their contempt for the community was made clear by their plans of management. Enough is enough,’ Mr Dunn said.

Mayor Simon Richardson said that even though council felt quite rightfully aggrieved at losing the caravan parks, they have at least attempted to go into negotiations with NCHP and the community with a sense of goodwill.

‘None of that has been replicated or matched by the operators,’ Cr Richardson said.

The mayor also said that he and council will take every opportunity to hold NCHP to account and to resist this type of land grab as they have a responsibility to the community.

Cr Woods also said, ‘If you go to Sydney now, all the foreshores have been handed back to the community’.

‘In this particular case here, if we don’t be stronger in our language, and if the minister takes it upon himself to say “Oh well, I’m the grandfather here and you’re just the grandchildren and I can do whatever I want”, that will set a precedent for caravan parks across NSW.

‘We’ve got the ability here to set a precedent so that people all over NSW can actually have access to the foreshores, because all of these caravan parks, the best of them, are on the foreshore.’

Council resolved to advise the applicant for the Crown reserve holiday parks of Massey Greene and The Terrace, Brunswick Heads, that the application for renewal or extension of the approval to operate cannot be approved, as the requested approval to operate has significant variances found during the independent assessments that would require changing the terms of the original approval to operate.

The resolution included that the applicant be invited to submit new applications for approval to operate which reflect the site layout consistent with the respective adopted plans of management for the Massey Greene and The Terrace Crown Reserve caravan parks and the boundaries as defined in Council’s previous resolutions.


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2 COMMENTS

  1. North Coast Holiday Parks (NCHP) and the then North Coast Accommodation Trust (NCAT) held Council’s s68 Approval to Operate (ATO) in utter contempt in preparing the Plans of Management (POM) for the caravan parks in Brunswick Heads as those signed off by then Minister Andrew Stoner in December 2014. (By then NCAT had been replaced in June 2013 by the New South Wales Crown Holiday Parks Trust (NSWCHPT). Again, contempt was shown in substantive submissions against the boundaries as exhibited, including that of Byron Shire Council’s submission which had been backed by independent legal opinion. Yet, Minister Kevin Humphries approved the POM in June 2014.

    Council had already come to compromise s68 ATO August 2012 with amendments and reaffirmed all 9 May 2013. These were the same s68 ATO appearing in the resolution on 16 July 2015, and thus by implication reaffirmed again. Council decision demonstrates its consistency on the operational boundaries and conditions for the caravan parks. This is its exercise in legislative and regulatory power that has been ignored to date. Yet, it is acknowledged in Hansard, December 2014, reaffirmed later by Minister Kevin Humphries and understood by ICAC!

    NCHP/NSWCHPT now have 3 caravan parks that do not have approval to operate. An application must be made by a competent entity for the s68 ATO. The notion of competency comes into question. NCHP has demonstrated incompetency, as evidence by independent expert opinion in August 2012 and echoed yet again in annexure to the papers for 16 July 2015. This brings into question the qualifications of those responsible to ‘manage’ the caravan parks and ought to open the option of returning the caravan parks to Council as managers.

    The other concern is the implication that ‘new’ s68 ATO need to be applied for. The resolution of 16 July reaffirmed s68 ATO that NCHP/NCAT ignored. They are not ‘new’ in the common sense meaning of the word.

    Furthermore, with 3 caravan parks operating without approval (Ferry has been operating without approval since 1.7.12 albeit an application was lodged 1 June 2015) and thus exposed to third party litigation in the Land and Environment Court, it is more than probably that NCHP/NSWCHPT will move quickly to address the situation.

    Any meeting between NCHP/NSWCHPT with Council needs to start with an apology backed by facts and reasons as to why the former have treated Council and the community in the manner it has done to date.
    Secondly, it is advisable that NCHP/NSWCHPT acknowledge Council’s determination on the operational boundaries and conditions of operation as previously decided and reaffirmed 9 May 2013 and again reaffirmed 16 July 2015. These are the boundaries for the developer’s POM and it is within these boundaries and with those stated conditions NCHP/NSWCHPT can proceed. Then NCHP/NSWCHPT can explain, with facts and reasons, to the portfolio responsible ministers involved how and why they have wasted taxpayers’ monies to date!

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