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Byron Shire
March 28, 2024

Opponents withdraw challenge to North Lismore Plateau

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A view of the North Lismore Plateau.  (Darren Coyne)
A view of the North Lismore Plateau. (Darren Coyne)

Opponents of the proposed North Lismore Plateau have warned Lismore City Council against celebrating the withdrawal of court action last week, vowing that attempts to stop any development would continue.

The council issued a press release on Friday saying an appeal lodged by Bundjalung elder Michael Ryan in the NSW Land and Environment Court against the rezoning of the plateau had been withdrawn.

‘The withdrawal of the appeal means that the rezoning for residential development is now secured and cannot be subject to further legal action, clearing the way for development applications to be lodged for new subdivision works,’ the council said in its public statement.

North Lismore Plateau Protection Association member Al Oshlack said the council issued its public statement when ‘we hadn’t even signed the papers’.

‘The withdrawel of the court case was by consent by both parties and was offered by the council on the basis of no costs for both parties or admissions of wrongdoing,” Mr Oshlack said.

‘The reason we discontinued was because of the ambiguity of the law that allowed the council to not comply with conditions of putting the proposal on exhibition correctly.

‘That ambiguity is that if the minister (of planning) makes the plan, then no challenge can be mounted against the compliance of council in exhibiting the plan.

Mr Oshlack said the council had refused twice to hold a public inquiry into the rezoning which was required by the act.

He warned that opponents were not finished fighting.

‘We are preparing litigation against any development application that is lodged,’ he said.

‘If the DA doesn’t have the proper Aboriginal impact permits to remove or destroy items on the plateau that will be challenged.

‘And if the proponent doesn’t refer the endangered species reports to the federal minister that will be challenged in the federal court.

‘The council’s glib skiting that it’s all ‘go ahead’ is ill-conceived.

‘In my experience concerning developments of this type, and it’s not dissimilar to the Iron Gates development at Evans Head, this type of litigation can go on for years.’

Mr Oshlack said there was no way Mr Ryan or the North Lismore Plateau Protection Association would allow the development to go ahead.

‘The new council now has the opportunity to revisit the whole plateau development and the financial “irresponsibility” in borrowing up to $24 million for infrastructure. That itself needs to be investigated.

“If in the future the developers for one reason or another go belly up or goes into liquidation, or are held up by litigation or blockades, then it will be the council and the ratepayers left holding the baby.’

In its release on Friday, the council’s acting general manager Brett McAlister welcomed the withdrawal of the appeal.

‘Council has always endeavoured to work with the community to understand and work through issues related to Aboriginal cultural heritage, and Council remains committed to continue that approach,’ Mr McAlister said.

Mr McAlister said the North Lismore Plateau development had been in the making for 15 years and would provide much-needed housing stock to the west of Lismore.

‘Lismore city is undergoing a building boom with more to come such as the Quest serviced apartments in the CBD,’ he said.

‘With all the jobs being created and the growth in our business and health sectors, we are experiencing a shortage of new houses.

‘North Lismore Plateau is our biggest land release close to the CBD and will provide much-needed new housing for people coming to live and work in the city, as well as funnelling thousands more customers into the CBD. This is very timely news indeed.’

It is expected that a development application for the first subdivision of land on the North Lismore Plateau will be lodged with Council in the next few weeks.

 


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4 COMMENTS

  1. Councillors and the mayor on every public occasions openly pay their respects to passed and present custodians of this land, ie the first Australians.
    But do they really meant it? Not according to those who will be most traumatised by yet another development. One would think that with all the wasted and trashed land around Lismore, the people of the Northern Plateau would be left alone.
    Full credit to Al for continuing the fight.

  2. I have been watching this story unfold and I have to say that It is disappointing. I completely understand indigenous values and rights as the original peoples of the land having worked with indigenous working groups in the past. We must also realise we are living in the 21st century whether you like it or not, Europeans have settled here and we must try and build a better Lismore for the future with what we have in front of us while still valuing the indigenous rights to land. Do not immediately judge me on saying this and read my thoughts.

    Few thoughts:

    1. Lismore needs houses – as a young person, it is almost a hopeless feeling when one considers trying to buy their own house. It is so expensive and we need more houses. If not in this location then where? Not on the flood plain, not towards Alstonville on prime agricultural land…then where??? please suggest alternatives…..

    2. In the big scheme of things, the ecological values of this site are very very low compared to other areas in the region. The site has already experienced sever degradation from vegetation clearing, it is not in a natural state. We should be focusing our efforts to protect and regrow the Big Scrub in a strategic context rather than a few species at this site in its current form. Anyhow, the development would include environmental areas where regeneration works can take place and the site will become more bio-diverse than in the current state.

    3. Why cant we incorporate indigenous values into the development? such as designated a large parkland areas that are dedicated to preserving indigenous values. I have seen this done in New Zealand and it was a wonderful outcome. Consult with elders on where this could be located. Just a thought.

    4. We need positive development, not negative ‘do not develop anything’ mentality that will result in Lismore staying the same and going backwards. Say if this development does not occur, the site will remain as it is, infested by Camphor Laurel weeds, no enhancement of ecological values and nowhere for people to live. I understand that indigenous peoples may prefer this as it would not ‘disturb’ the site, but the site has already been heavily disturbed! years of tree clearing and farming have already happened for 100 years on the site. The site IS NOT PRISTINE!

    I think this has to happen for Lismore to progress, consultation with indigenous peoples is critical too. Don’t always assume that it is developers who win out at the cost of everyone else. Sometimes development simply is progression and if done correctly I see this being a huge boost to the sustainability of Lismore.

    Lismore is a unique place where we should aim to have economic, social and environmental values all strongly considered and not dominated by one, because in the end, we can achieve this. Hate speech and negativity will get us nowhere.

    We should spend out energy fighting the real fight, which is CSG, logging of old-growth and human induced climate change, poverty, equality and fairness amongst others.

  3. And that requires not growing the population bb. Lismore is a great place already. Why does it need to grow, at the expense of natural area and/or quality farmland? Pity the Greens can’t see the overpopulation problem

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