Council’s General Manager, Mark Arnold, and Greens Mayor Sarah Ndiaye, have strongly backed planning staff after claims they inappropriately intervened to assist wealthy developers with their controversial large, exclusive 38 lot greenfield proposal near McAuleys Lane and Mullumbimby Road.
Submissions for development application (DA) 10.2023.454.1 at 53 McAuleys Lane closed on Monday; the DA faces fierce opposition from neighbours armed with their own peer reviews, along with a myriad of unanswered questions.
Botched assessment
Already, the DA is the subject of a botched assessment and re-advertising by Council staff.
If approved, it could have considerable impact on the busy Mullumbimby Road – it is estimated 13,000 vehicles use the road daily.
One crucial point for the DA appears to be whether a deal can be brokered to acquire a piece of land on the corner of McAuleys Lane and Mullumbimby Road.
Landholders who own that corner parcel told The Echo they were approached three months ago by Council staff, asking them if they were interested in selling a portion of land to facilitate the DA, and were told the land is not required for the Mullumbimby Road upgrade.
They said, ‘No offer was made at the meeting with Council staff, nor has there been any further communication since, from either Council or the owner/developer’.
The landholders say they felt confused by this approach from Council and require further clarification, ‘especially with the imminent upgrade of the intersection and Mullumbimby Road and the advertising for submissions on the DA closing’.
The Echo asked Council staff, ‘If staff’s intervention on behalf of developers proposing the DA was for “improved safety”, why didn’t staff instead require the developer to upgrade that intersection at their own cost as part of their DA application?’
Mr Arnold told The Echo that ‘Byron Shire Council strongly and absolutely refutes any suggestion that staff have not followed correct processes in relation to assessment and processing of development applications, including land on McAuleys Lane and Myocum Road’.
‘Staff, at all times, adhere to NSW legislation and the planning framework’, he said.
Mr Arnold also added that ‘In the case of the draft planning agreement, it will be reported back to Council in June. Council’s decision will inform the report on the development application to be presented to the Northern Regional Planning Panel (NRPP) for determination’, Mr Arnold said.
There is a clause in the planning agreement where Council can withdraw from the deal. On page 16, it reads: ‘Council may discontinue the acquisition process should the compensation payable to the owner of the acquired land become, or is likely to become the subject of an appeal to the Land and Environment Court of NSW pursuant to the Just Terms Act 1991’.
Policy breach?
The Echo asked Greens Mayor Sarah Ndiaye whether she thought staff had breached their Code of Conduct for Council Staff 2022 policy around fairness and equity. On page 8, part 3, 3.3 of the policy reads: ‘You must deal with matters in accordance with established procedures, in a non-discriminatory manner’.
She told The Echo, ‘Staff have acted in a transparent and appropriate manner within the framework of established planning procedures and legislative obligations. I have no reason to accept the suggestion that there has been any improper conduct by Council staff’.
Despite staff admitting it was not ordinary practice to intervene on behalf of a developer, she said, ‘I believe it’s not unusual for staff to engage with landowners in the early stages of large-scale proposals – particularly when potential safety or infrastructure upgrades are involved. These conversations do not equate to an endorsement of a development, and any necessary land acquisitions are considered through formal processes that require a resolution of Council.
‘I appreciate that some landowners may have had concerns or questions, and it’s important those are heard and responded to respectfully as part of the assessment process. However, any implication of favouritism or breach of conduct does not align with my understanding of how this matter has been handled.
‘The property in question sits within the Rural Land Use Strategy and has been subject to a separate planning proposal to amend the LEP. So, movements toward ensuring necessary works can be done sit well inside Council’s purview’, Cr Ndiaye said.
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