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Byron Shire
March 1, 2021

Council in court battle over proposed sewage facility

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Byron Shire Council is locked in an on-going Land and Environment Court battle over a proposed on-site sewage management facility next to Broken Head Quarry.

Ballina-based consultants Ardiil Payne & Partners took the council to court after it rejected the proposed facility on the grounds of environmental impact and non-compliance with regulations.

The firm, acting on behalf of an unknown client, is seeking permission to build an aerated wastewater treatment system and wastewater dispersal mound to manage wastewater from a four-bedroom house on Natural Lane, Coopers Shoot.

The house in question has not yet been built nor has approval been sought for the dwelling.

Council refused the sewage facility application in March last year, with Ardiil Payne & Partners appealing to the LEC two months later claiming that their proposal was a compliant development.

Court documents obtained by Echonetdaily show that the council is arguing that the application ‘does not, as a result of its design and location, have regard for the protection and promotion of public health, or protection of the environment’.

The council makes this argument on a number of grounds, including that the proposal does not provide for the prevention of soil contamination and degradation.

The council also argues that the facility is likely to have a significant impact on the surrounding vegetation which it says has ‘high ecological value’.

It further claims that the applicant has failed to provide a number of reports and assessments as required under various planning laws.

The case has appeared in court on at least three occasions and will return to court on April 30.


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