28.2 C
Byron Shire
February 3, 2023

Precedents

Latest News

Go Thistles!

Lismore Thistles Soccer Club has launched the Thistles Acceleration Program, in the process becoming the city’s only player development academy. 

Other News

Lismore trial of recycled crushed glass in concrete

A trial to use recycled crushed glass in concrete as a replacement for sand will be taking place in Lismore at the Lismore Recycling & Recovery Centre.

Old ANZ Mullum

The old ANZ Bank building on Burringbar Street in Mullum is now a bathhouse; such yuppy city indulgence to...

Letters – 1 February 2023

The Echo loves your letters and is proud to provide a community forum on the issues that matter most to our readers and the people of the NSW north coast. So don’t be a passive reader, send us your epistles.

Only nine weeks to Bluesfest and 18 new artists announced

Easter is on its way and that means Bluesfest is only nine weeks away. 

Byron Bay SLSC takes fourth place at NSW country championships

South coast club Warillanhas overturned five years of Cudgen Headland dominace to win this year’s NSW Country Surf Lifesaving...

Mother and Daughter Stop Logging in Yarratt Forest

Two women who grew up in the Manning Valley are currently suspended from trees with  ropes connected to, and stopping, logging in Yarratt Forest north of Taree.

Fast Bucks, Coorabell

There’s been some local public discussion about ‘precedent’ mainly in relation to the maximum permitted height of buildings. But also in relation to the number of cabins permitted on certain types of land.

Most of the discussion is based on an erroneous understanding of planning law for example: ‘if we allow this proposal to go ahead it will set a precedent.’

In reality what local council votes on, or the independent planning panel votes on, or, a commissioner of the court decides is called a ‘merit’ decision i.e. the outcome, is based on the particular merits of the particular proposal. Accordingly the outcome does not set any kind of legal precedent that can be applied to situations, even if they appear to be similar. Developers, of course, will suggest otherwise.

In relation to the former Woollies site in Byron, for example, they will say ‘oh well, Council allowed the height limit to be exceeded in the case of Mercato next door, so it must give us the same height’ in reality there is no ‘must’ about it, because each case is different.

The developer’s argument might carry moral weight – that they ought, on the basis of fairness, to be allowed a higher limit. But Council is not legally obliged to listen to that moaning – that developer could not appeal on such grounds alone.

All this is perfectly well understood by Council’s planners and lawyers, but as far as informing your elected councillors or the public about it you’d be waiting for ever. Public and elected offical ignorance is staff bliss.

The concept of the ‘legal precedent’ properly belongs to decisions made by judges when they have to rule on matters of law; we can’t have one judge interpreting a law one way and another judge deciding differently. To ensure consistency, the decision of the first judge called upon to rule on a matter becomes the precedent that binds subsequent judges. (judges in the High Court call them ‘authorities’ rather than precedents).

Anyway if you want to rattle developers you can play them at their own game by citing the independent planning commission’s recent rejection of the Bylong coal project, for the following reasons: ‘The project is not in the public interest because it is contrary to the principles of ecologically sustainable development – mainly intergenerational equity because the predicted economic benefits would accrue to the present generation but the long-term environmental, heritage, and agricultural costs will be borne by the future generations.’

Use this quote against developers as a ‘precedent’ and watch them splutter, fume, and rant! Which reminds me of what my own 13-year-old son said to me recently: ‘You’re gonna leave it to us to clean up the mess, aren’t you?’

Not for want of trying some.


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

  1. There is a clause that I just don’t understand “because each case is different.”
    How different?
    The density of the number of people is what makes development “different”
    What should be figured out by council town planners is of what density of people, meaning on crowding and in privacy and in car parking is each building or dvelopment to have.
    It is the density of people in the CBD of just why there needs to be a bypass.
    Nothing to do with the height of buildings.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Pothole protest gets immediate results

Psst: want to get Council staff to do something about the appalling state of roads in your neighbourhood? Organise a protest outside Mullum’s Council Chambers! By...

What’s Love Got to Do with It?

Art imitates life in What’s Love Got to Do with It? a 2022 British romantic comedy-drama film directed by Shekhar Kapur, from a screenplay by Jemima Khan.  The precis reads: ‘Set between London and Lahore, a filmmaker documents her childhood friend and neighbour’s arranged marriage to a bride from Pakistan.’

We’ve had the rain bomb, is a fire bomb next?

We had the Black Summer fires and then the floods and NSW Farmers says time is running out to prevent more mass bushfires at the end of this year.

A smorgasbord of flicks

This year’s smorgasbord of over 40 incredible short films are handpicked from a record 3,200 entries received for Flickerfest’s Academy® and BAFTA Qualifying short-film festival screened recently in Bondi, and Northern Rivers audiences are the first in Australia to experience the best of Flickerfest on tour. Highlights enjoying their Northern Rivers premiere include recent Academy® nominees and much-loved festival award winners alongside exciting, fresh, local talent.