And another FU to the community, from the dominantly pro-development Council. Submissions due by 23 February on the proposed further housing development of the forest on the old Club Med/Becton site at Belongil.
‘Changes to Development Controls for land at North Belongil Beach, The current DCP 2014 Chapter E5 does not contain requirements for residential development for this area. A new “Precinct 3” Environmental Living proposes new controls for future dwellings’.
Council is progressing consent for further development for housing, on this site that the staff report states is ‘golf course’, but in getting the maps, is actually dominantly over the site’s forest (that is part of the site’s forest connected to the adjacent nature reserve). Council alleges the Becton consent was not commenced, but Becton completed the DA’s roads, fencing, etc. and complied with the Becton DA consent condition to demolish the former Bayside building (Becton then sold the site to the present owner – DA consents and conditions stay with the land in transfer of ownership).
Court precedents identify that just removing weeds is a DA commencement. The Becton DA consent limited further site development to approximately 160 tourist units (there are more than 200 now), and required that 57 hectares of the site’s forest be handed to ‘an agency’, as compensation for increased development – likely to be included in the adjacent nature reserve.
This same forest is now subject to this recent development proposal. I question whether Council has lawful powers to ignore the Becton consent, and I question whether this current development proposal, and Council’s previous consent for dune-front housing, are invalid and are in excess of Council’s powers.
Several councillors, on the staff motion to progress this development, stated they opposed this increasing development of this site. Support those councillors with a submission for all development of this site to be referred to the NSW Planning Minister, for clarification on whether the dune-front housing and this ongoing development is lawful, as it appears to ignore, and be in breach of, the state government’s ‘Planning Minister Becton Consent’.
Note the staff report states ‘Strategic considerations – support the visions and aspirations of local communities through place-based planning and management’. Can someone remind the staff of the community’s efforts to protect this site from overdevelopment, with major opposition, including a court case, against the Club Med proposal, and again major community opposition and a Council rejection, to even the increased development in the Becton proposals?
Good points John. I recall the Becton Species Impact Statement also provided for replanting/vegetation works over a huge part of the old golf course – many hectares & thousands of trees. Why has this never been implemented or enforced? Seems as they have basically walked away scott free here. Disappointing to see Elements get ‘gifted’ these new C4 lots – in a coastal erosion zone no less!
Simon used his casting vote to push this one through , just before leaving council , Elements of Byron,
now he works on the Regional Planning NSW Panel
This beautiful park and leading up to the beach with views of Mt Warning should NEVER be developed,
Elements of Byron started with 100 ECO cabins , they now have over 200 , they should change their name to COAL BARON FROM QLD RESORT
We Were so vocal as a community in opposing club med , now we have CLUB ELEMENTS , hell bent on over development on the site .WTF
When the floods and fire comes and there was a fire in the area the lack of escape except via the beach makes it a very dangerous place to live let alone the erosion in front of elements nature will win cause it’s a sin to harm nature and it will reek it’s revenge like it has since all the red cedar was taken out of the northern Rivers