Paul Bibby
Will the remaining old growth trees and vegetation in Mullumbimby’s Tallowood housing estate be preserved, or are they destined for the mulch heap?
That’s the question facing the rapidly expanding estate on the town’s western fringe.
A group of concerned residents calling themselves the Friends of the Mooibal Spur (FOMS) – named after the informal walking track that climbs the Tallowood ridge – have sent an open letter to Byron Council imploring it to protect the remaining trees on the track and the other pockets of vegetation on the estate.
‘The subdivision and development of the Tallowood Ridge housing estate were originally approved on the strict proviso that this walkway and its vegetation were left intact and in public hands’, the letter states.
‘Unfortunately, broken promises on the part of the developer, and less than rigorous public scrutiny by Council (partly as a result of continual personnel changes), have resulted in the boundaries of lots being drawn so as to encompass significant old growth trees, a number of which have since been felled by the private owners.’
They claim that Council and the developer failed to allow public access to the ridge walk in any of the subdivision stages that have been approved so far, and that the developer appears to have actively sought to prevent this access.
The residents also fear for the future of the remaining forested areas on the estate.
They say that the developer, Eric Freeman, made a verbal commitment during a Byron Council meeting to place these areas in an E2 zoning to ensure their protection, but has so far failed to keep his promise.
They now want Council to make sure this promise is kept.
Developer responds
But The developer, Eric Freeman, strenuously denied the claims.
He said the residents had not pointed to any specific examples of old growth trees being felled in the letter, and pointed out that in one recent case where an old tree was felled, the owner had obtained permission from the Council.
Regarding access to the ridge walk, Mr Freeman said that there had originally been a plan for a concrete bikeway along the ridgeline, but this had been cancelled by Council after its consultants found evidence of koalas living there.
‘Nonetheless, there are numerous points in Tallowood Ridge where the public is able to access the ridgeline, and we have not made any effort to prevent walkers from accessing the ridgeline, which is a 20m wide unmade public road reserve in the care of Council…’ Mr Freeman said.
In relation to the E2 zones, Mr Freeman said that none of the remaining forest on the estate met the Planning NSW standard for this zoning, which was reserved for rare and endangered species of trees.
‘It has been my intention since commencing… that this forest be dedicated to Council as a nature reserve, but Council don’t want it due to the costs of maintenance and legal obligations under the Rural Fire Service to maintain the forest in perpetuity.’
Council response
Byron Council staff said that each development application in relation to the estate had been considered on its merits in relation to the original masterplan and other state and local planning rules.
It said that separate to this was an E-Zone review process that was still underway.
Land at Tallowood was to be included in stage 3 of the process which was yet to be reported to Council for consideration.
‘Staff are continuing to review and respond to feedback from affected landowners to be included in the Stage 3 proposal.’
The full responses from Mr Freeman and Council can be viewed here.
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