Tuesday’s Land and Environment Court (L&EC) conciliation meeting on the 742-residential-lot subdivision on Sleeping Lizard – Banyam Biagham (the North Lismore Plateau) ‘was terminated’ according to Marlie Caban, Director of Local Government & Planning.
On Thursday 15 February, those who submitted material to the conciliation meeting were informed that, an ‘agreement was not reached and the s34 conciliation conference was terminated. The matter will now return to the Court for the matter to be listed for a hearing, noting the Courts current availability it is most likely that the matter will not be heard until August.’
Speaking to The Echo former Lismore City Mayor Ros Irwin said, ‘this is a good outcome as the developer had not, as I understand it, provided an adequate response to the Council’s grounds for refusal’.
‘It means that if the developer wants to appeal this to the Land and Environment Court the Council’s refusal could well be upheld and if they want to pursue the proposal again they will need to address the Council’s grounds for refusal.’
Speaking to the conciliation meeting on Tuesday about the development application (DA) 5.2021.221.1 for Allura Parklands Ms Irwin highlighted ‘the significance of this land to the Widjabul Wia-bal people of the Bundjalung nation, the removal of substantial rainforest vegetation and the scale and type of residential development’ as issues with the existing DA.
‘This site is one of the most sacred sites for the Widjabul Wia-bal people and indeed the wider Bundjalung community in this Region,’ she had told the meeting.
Ms Irwin had also highlighted the ‘excessive’ nature of the proposal to remove 11.46ha of vegetation before the development of the site. She said that the removal of the tall closed rainforest would have a ‘detrimental effect on the wildlife that inhabits this area’.
‘Given the importance of regenerating rainforest for wildlife, and the generally acknowledged ineffectiveness of offset plantings, the weed species should be removed,’ she explained.
‘But wholesale removal [of the entire 11.46ha] should be avoided. I think that the plan should be adjusted to retain the existing habitat which would provide a development that reflects the environment of the plateau, and future residents with an appreciation of nature that would also play an important role in their physical and mental well-being.’
Rejected twice
When the DA was rejected previously by both the Lismore City Council and then the Northern Regional Planning Panel (NRPP) as ‘not in the public interest’ they highlighted a range of concerns including the lack of provision of required information.
These included the DA’s potential impact on the drinking water catchment, impacts of Aboriginal heritage, bushfire risk, failure to supply information on risks of drainage, soil stability, and adverse impact on waterways including the Wilsons River. Issues around the management and disposal of sewage and vehicle impacts were also listed as inadequately addressed.
Ms Irwin had also highlighted that the DA was little more than ‘an “urban” model’ development that didn’t incorporate best practice urban design and integrated environmental management outcomes effectively.
‘Prior to the 2022 floods I understand that there were already 2,000 residential lots approved in our LGA that had not yet been developed, which makes a development of this size inappropriate,’ explained Ms Irwin.
‘As Council’s own research has demonstrated, the nature of our population has changed significantly. Lismore’s population has not increased but had decreased even before the 2022 flood, not achieving the projected estimates for many years. This lends weight to an argument that the size proposed is not only excessive but inappropriate given the needs of Lismore’s residents.
‘Overall, I can see little in this development that acknowledges climate change in the design of the development. If it’s to proceed, fewer lots, appropriate siting and roofing, natural airflow, wide eaves, verandas, retention of existing native vegetation and first-class water systems would be more tolerable. If it demonstrates the best attempt to take climate change into account and reflects a commitment to protecting Aboriginal culture and heritage into the future, it would be a very good outcome and a far more attractive development to place on the market’ she said.
‘As far as we are concerned it is a good result,’ said Lismore resident Dot Cockbourne.
‘The arrogance of this big development company knows no bounds! They have not provided Council Staff with the required conditions for such a big DA. Mackycorp seems to have no intention of changing its stance.’
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