Calls by residents and their families to remove Feros Care as the Crown Land Manager (CLM) for Feros Village Byron Bay have triggered an investigation by Crown Lands, who own the site on behalf of the people of NSW.
As the Marvell Street aged care facility is built on Crown Land, it must be managed ‘in accordance with the reserve purpose: homes for the aged,’ Crown Lands say, in a response to one of the residents’ complaints.
Feros Care ‘may not undertake development (i.e. proposed redeveloped as an intergenerational dwelling) on the property without consent of Crown Lands as owner of the land.’
A spokesperson for NSW Minister for Lands and Property, Labor MP Steve Kamper, told The Echo, ‘Crown Lands [which sits] in the Department of Planning and Environment, met with Feros Care last week to discuss its plans, and [we] will be requesting further information to conduct a thorough assessment,’
The Echo understands that Feros Care have now told Crown Lands that it is no longer planning an ‘intergenerational’ facility, and that they intend to maintain the site’s focus on aged care.
Nonetheless, Feros Care management have said they still intend to redevelop the site, and all residents must find alternative placements. They say that the facility no longer meets the government’s standards, including bushfire protection measures, for aged care.
A spokesperson for Feros Care told The Echo, ‘Any redevelopment of this site will be for affordable seniors’ accommodation, which is undeniably a much-needed community asset that allows for seniors to live independently while integrated within the community.’
‘The decision to close the village was made, because after 33 years, it no longer meets the government requirements of a residential aged care facility. Feros Care is a not-for-profit charity committed to the Byron Bay community, just as we have been for many years.’
Three levels of government, represented by Federal MP Justine Elliot, State MP Tamara Smith, and Byron Shire Mayor Michael Lyon, have supported the current residents in representations to the minister.
The Crown Lands spokesperson said, ‘Crown Lands takes complaints regarding Crown Land Managers seriously, and is required to investigate matters fairly and impartially, including providing Feros with the opportunity to respond to concerns that are raised’.
Some members of the community pointed out that the site could sit empty for years, as Feros have yet to consult with the community, draw up plans and gain permission to go ahead with the development.
Speaking to The Echo on behalf of Friends of Feros, lawyer and Byron Shire councillor, Mark Swivel, who is representing some of the residents, said that the response from Crown Lands ‘indicates no consultation and certainly no approval was obtained by Feros before announcing the closure of the facility.’
‘You have to seriously question the governance process of an organisation that seems to have overlooked the basic dynamics of Crown Land management,’ he said.
‘We look forward to the minister consulting with the community in line with the Community Engagement Strategy for Crown Land and the NSW Government 2032 Crown Land Strategic Plan.
Procedural fairness
‘The Crown Land Manager [Feros] is certainly entitled to procedural fairness, but the community is equally entitled to have its concerns and objections addressed. We hope the minister meets with community representatives who seek to keep Byron Village open for residents at a time when aged care accommodation is in crisis.’
Feros Care told The Echo that, ‘If it is appropriate for current or past residents to live in the new development, taking into account their required level of care and circumstances, then they would, of course, be welcome to do so. In the near future, Feros Care will engage with the community on its plans to rebuild affordable and much-needed seniors’ accommodation in Byron Bay.’
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