A second subdivision works certificate for the Wallum estate was signed off by a majority of councillors last week, who again argued that they have no legal standing to further impede an approved development.
The first, and most crucial works certificate vote, was passed by the same majority at the February 8 meeting.
It comes as dozens of Save Wallum campaigners continue the blockade of the Brunswick Heads site in an attempt to preserve what is significant heathland biodiversity and a diminishing ecosystem.
On Wednesday and Thursday, the protectors successfully stopped contractors from entering the site, after locking on to machinery and deploying nonviolent resistance tactics.
Sydney-based riot police, assisted by local police and security, were at the scene.
A Save Wallum spokesperson said that eight people were arrested.
When asked by The Echo, developer Clarence Property’s media spokesperson said they did not pay for the riot police.
Like February 8, Thursday’s vote was close, in this case, four to three.
Clarence Property needed Council to issue this certificate, which has been described as a procedural exercise, before it could start undertaking bulk earthworks at Wallum.
And like the previous vote on February 8, Council received legal advice from Council’s new legal counsel, Matt Meir, who said that Council has no prospects of successfully defending this matter in court if it chooses to further impede development.
Support for legal challenge
However, there is considerable support for a legal challenge within the community to support those fighting on the front lines.
‘We have seen that the system has totally let us down in terms of protecting the environment,’ Greens councillor Duncan Dey told the meeting.
‘The system, over a number of decades, has basically let through a monster, a dinosaur of a development.’
‘It’s like the white shoe brigade all over again – a 1950s approach to land management and rezoning.’
Cr Dey, his fellow Greens councillor, Sarah Ndiaye, and Independent councillor, Cate Coorey, called for the matter to be deferred.
But this course was opposed by the remaining councillors, who argued that it would not assist in getting a good result for Wallum.
‘The point is, how do we get to the best outcome here?’ Mayor Michael Lyon said.
‘It’s about recognising that there’s an approved DA and getting an outcome in the only way that the Council can.
‘If you can go and find the money for the site to buy it, that’s a great outcome.
‘If you want to continue blockading the site through direct action and stop the development that way, that’s an option if you choose to pursue that.
‘The other way, if you want to get a better outcome, is to negotiate. And the best way to negotiate is in good faith with a developer who already has approval.
‘My suggestion is to get behind the compromise position, that we can use the leverage of the protest to actually get the developer to lodge an amendment to the DA, so that we can actually get some results.’
For and against
Cr Lyon was supported in his position by independent councillors, Mark Swivel and Alan Hunter, and by Labor councillor, Asren Pugh.
Councillors Peter Westheimer and Sama Balson were absent for the vote.
A recent joint media release by Mayor Michael Lyon, Cate Coorey and Asren Pugh provided their proposal for the site, based on negotiations with the developer.
It would see a slight reduction in the urban footprint, while saving the scribbly gums.
While Cr Lyon spruiked it as a good outcome, there is yet to be any agreement reached.
Negotiations after certificate issued
Cr Lyon was criticised by Cr Dey for waving the first works certificate through on February 8, and then trying to negotiate after.
Local ecologist, David Milledge, has described the concessions by the three councillors as ineffective.
Clarence Property CEO Simon Kennedy described the blockade in a media release last week as ‘illegal and criminal activity’.
Despite the concerns of ecologists over their management of vegetation, Kennedy said, ‘Guided by our ecologists, we’ve taken a holistic approach to consider management of vegetation extent and condition, weed invasion, feral and domestic animals, corridors and linkages, and the water cycle’.
Mr Kennedy said the rehabilitation and habitat creation works would not compromise its ability to make potential changes to existing plans, ‘should they be viable’.
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