The development of Lismore’s Sleeping Lizard – Banyam Biagham (the North Lismore Plateau) as a 742-residential-lot subdivision was rejected by the Northern Regional Planning Panel (NRPP) as ‘not in the public interest’.
The DA is the biggest single development ever proposed in Lismore and includes massive bulk earthworks for infrastructure.
The developer, Mackycorp, is continuing to appeal the NRPP rejection of the staged development for 742 residential lots, two business lots, a future residential lot, 45 new roads, bulk earthworks and significant infrastructure following the failed Land and Environment Court (L&EC) conciliation meeting in February this year.
On July 15, 2024 Bundjalung Elder Mickey Ryan sought to join the ongoing North Lismore Plateau Court appeal following the developer recently submitting to the court a Cultural Heritage Assessment Report, containing test pit results carried out earlier this year.
‘The Report recommends that the developer obtain a permit to allow the estimated half to 1.5 million sub-surface artefacts be directly impacted by construction works, i.e harmed, destroyed or desecrated,’ explained Al Oshlack from the Indigenous Justice Advocacy Network representing Mr Ryan.
‘This development with all its flaws such as traffic, flooding, storm water, and even landslides will irretrievably destroy one of the most significant Aboriginal sites in the Bundjalung country. It’s vandalism and sacrilege to such a sacred place, this development is a toxic mix of stupidity and greed,’ Mr Oshlack said.
Lismore Council failed to defend Indigenous heritage
The L&EC accepted the application by Mr Ryan to be a party to the developer’s appeal to overturn the NRPP decision.
This was based on the fact that Lismore Council had chosen not to defend the cultural heritage of the site despite this being one of the key factors in the NRPP refusing the DA, Mr Oshlack told The Echo.
‘In the statement of facts and contentions Lismore Council was not going to defend the Aboriginal cultural heritage component. Even though it was a key basis for the rejection by the NRPP,’ he said.
‘The developer strenuously objected to Mickey Ryan being allowed to join the case.
‘Mickey Ryan won the joinder on Monday based both on the arguments of public interest and for justice – they were considered valid by the court thus Mickey Ryan has now been joined as second responder.’
The L&EC hearing is set down for an onsite hearing on August 12 followed by four days in Sydney.
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