20.2 C
Byron Shire
July 27, 2021

Court rules on plan for Broken Head suburb

Latest News

With avocados, farmer fresh is best

There are many different avocado varieties, but walk around the supermarket and you might get the impression there is...

Other News

Lismore Hospital redevelopment site temporarily closed after COVID-19 exposure risk

Work at the Lismore Base Hospital Stage 3C redevelopment site was temporarily paused late on Tuesday 20 July over COVID exposure risks.

About us, without us

Many of us in the Byron Market community feel completely betrayed by the councillors who last week voted to move us again, like an unwanted jigsaw piece.

A disappointing limbo? Byron candidates on delayed council elections

Mr Dey, incumbent Mr Lyon and four other mayoral candidates were already busy campaigning for the top spot when NSW Local Government Minister Shelly Hancock delayed the election for a second time.

Beach going, going…

Len Bates, Mullumbimby I have noticed in the last few years that the poly fibre bags being used to protect the...

Local Labor

Asren Pugh, Labor candidate for Mayor Labor has a very long and proud history as part of the Byron Shire community...

COVID-19 fines issued while mask sign legalities unclear

As the Greater Sydney area heads into further lockdown, local health authorities say a known COVID-19 infected case stopped at Chinderah truck stop at the Ampol service station (northbound), 112 Tweed Valley Way, near Murwillumbah turnoff.

Broken Head Quarry. Photo brokenheadquarry.com.au
The owners of Broken Head Quarry have been refused permission to turn it into a 220-home development. Photo brokenheadquarry.com.au

The Land and Environment Court has dismissed an appeal by the owner of a sand quarry in sensitive coastal forest at Broken Head to turn the area into a 200-home suburb.

The owner of the land, EMGA Mitchell McLennan Pty Ltd, contended that the quarry was exhausted and last year submitted a plan to Byron Shire Council to turn the denuded section into a 200-home development instead of remediating the land as was required by the council’s approval of the quarry’s original DA.

But the council last year overwhelmingly rejected the plan and told the developer that if the quarry was exhausted it should be remediating the land as required.

Byron mayor Simon Richardson even went so far as to say he hoped the company had set aside sufficient funds to satisfy its remediation requirements.

The company’s court appeal was defeated after commissioner Graham Brown found the proposed development was incompatible with the objectives of the land’s agricultural zoning.

Commissioner Brown told the court that, ‘the proposal will not preserve the character anticipated by the RU1 zone and the proposal will undermine the expressed future planning objectives of the RU1 zone.

‘Put simply, a residential subdivision has no relationship with the primary agriculture character anticipated by the RU1 zone,’ commissioner Brown continued.

While the company claimed the zoning was ‘ill-founded’, the commissioner said that was ‘not a matter that can influence the consideration of this appeal.’

Commissioner Brown was equally dismissive of the company’s arguments regarding the required remediation, saying its ecological assessment was ‘inadequate’ and he insisted the rehabilitation of the quarry was ‘a fundamental component in the consideration of the application.’

Greens welcome decision

The move has been welcomed by Greens MP, former Byron mayor and local resident Jan Barham.

She said the quarry site had ‘never been included as a site for residential development in council’s planning instruments and strategic plans for the region over the past two decades.’

Ms Barham added the residential proposal was ‘inconsistent with the zoning and character of the area.’

‘Because of the precious biodiversity of the Broken Head area and the significance of sites in the area to the traditional custodians of these lands, it is important that the area protected and that rehabilitation of the quarry site proceeds, Ms Barham said.

‘I congratulate and thank all of the campaigners and community members who made submissions on the proposal and provided evidence during the appeal.’


Support The Echo

Keeping the community together and the community voice loud and clear is what The Echo is about. More than ever we need your help to keep this voice alive and thriving in the community.

Like all businesses we are struggling to keep food on the table of all our local and hard working journalists, artists, sales, delivery and drudges who keep the news coming out to you both in the newspaper and online. If you can spare a few dollars a week – or maybe more – we would appreciate all the support you are able to give to keep the voice of independent, local journalism alive.

1 COMMENT

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Ink Gin still a winner

S Haslam Has it already been six years since I first saw a demonstration of the curious colour-changing properties of the innovative Ink Gin at...

Magnificent sporting prowess and flag pride after 2021 NAIDOC

Aboriginal and Torres Strait Islander people also shone in the sporting arena during NAIDOC 2021. 

Independent councillor calls for online voting

A manageable and easy-to-navigate system was necessary, Cr Allsop said, one that allowed 'equal presence for all candidates'.

Byron Farmers Markets temporarily moved to make way for COVID clinic

The Byron Farmers Market is to be held opposite Elements resort on Bayshore Drive this week, while health authorities use the Cavanbah Centre for a drive-through COVID testing service.