Reflections Holiday Parks was ordered to provide a 3m buffer zone along Simpsons Creek in Terrace Park by Justice Nicola Pain from the Land & Environment Court (L&EC) in June 2021.
Reflections’ revised Plans of Management (PoM) for Terrace Park, adopted by Byron Shire Council (BSC) in 2018, includes ‘non-negotiable’ pedestrian access along the riverbank with a 7m setback for campsites and a 10m setback for cabins. Both Massy Greene and Ferry Reserve Holiday Parks have 10m setbacks, and public access remains a permitted activity within the buffer zones in the Local Government Act’s holiday park regulations.
The court orders and endorsed management plans require the removal of all obstructions along the buffer zone including the relocation of the remaining permanent dwellings on riverfront sites. No one is being evicted from their site [under the orders]. Most of the contentious dwellings have been removed or relocated by previous managers so it is very disappointing to see Reflections’ latest CEO, Nick Baker claiming the relocation requires ‘extensive consultation’ and it seems outrageous for Council’s legal officer Shannon Burt to allege ‘matters are complex’ (November 29, 2023).
Since 2004, all riverfront residents were forewarned of future relocation by BSC before they purchased their dwelling. Reflections has permitted the on-sale of dwellings since 2007. A riverfront van recently sold for $500,000, another is being advertised on Airbnb with a photo included of the private patio and garden within the buffer zone. None of the remaining residents have removed the obstructions from their sites and park management and residents are clearly in contempt of court.
BSC General Manager, Mark Arnold and directors, Phil Holloway and Ralph James have been aware of the compliance problems and access issues within Terrace Park throughout this long-running saga, yet BSC officers continue to allow the parks to ignore BSC licence conditions and court orders and the Local Government Act’s legal requirements.
The Foreshore Protection Group wrote to Reflections, Byron Shire Councillors and staff in October 2023 about the ongoing contempt of court and is yet to receive a response from anyone. Brunswick Progress Association (BPA) sent another letter last week outlining community concerns.
Why does Council pursue homeless people with such remorseless vigour yet residents in Terrace Park are a protected species and allowed to ignore court orders and park regulations with no repercussions whatsoever? Are some people special and exempt from the rules?
We want the legally-required buffer zone reinstated so pedestrians can once again walk along our riverside track. The only section obstructed between the bowling club and Ferry Reserve is within Terrace Holiday Park. Surely, it’s time for park management to comply, our community has waited long enough!
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