I am at a loss to understand how the development applicaiton (DA) for McAuleys Lane could have been legally approved. Following is my personal understanding of the matter.
Byron Shire Council does not have an unconditional and inherent right to compulsorily acquire private land. The right only exists when strict legal requirements are complied with.
Council voted to compulsorily acquire land prior to entering negotiations with the adversely affected property owners. The negotiation process can take up to six months. The purpose of negotiation is to achieve a voluntary agreement. Only if a voluntary agreement is not reached in this time should the Council vote to commence the compulsory acquisition process which is arduous and protracted. The negotiation process has not yet commenced as certain procedures must be followed which do not include ad hoc actions.
An intent to compulsorily acquire the land is embodied in the planning agreement between the developers of 53 McAuleys Lane and Byron Shire Council, and is a condition of consent to their DA.
Public purpose
The planning agreement states that Council will become the owner of the land and the developer will pay Council the acquisition costs in lieu of developer contributions. By inference therefore the developer cannot buy the land or enter into negotiations with the landowners to do so.
The compulsory acquisition process must be for a ‘public purpose’ as defined in the Just Terms Act. The purpose must be for the public at large (not for an individual or group of individuals).
Lack of impartiality
Allegedly, during the progress of this matter statements have been made in the public domain, and in meetings, that evidence a lack of impartiality by some Council members, e.g. I quote just two of these:
‘You have been treated poorly’, ‘Try to negotiate with the developer he is a really good guy.’
I can only hope that Byron Shire Council advised the landowners to seek legal advice before Council embarked on their course of action.
I understand that the landowners have been left out in the cold by Council both metaphorically and literally. They were asked to stand outside the building in the cold for best part of an hour while Councillors voted to acquire their land. The mayor cast the deciding vote in favour.
I am heartened by the fact that in certain circumstances an approved DA and an approved compulsory acquisition can be set aside by the minister.
This is not about wealthy landowners or NIMBY, it is about holding councils to account if, and when they fail to comply with their legal obligations.
For four decades The Echo has printed the stories some people loved, some people hated, and some pretended not to read. If you want us to keep telling the truth, the real truth, not the sugar-coated version. We’ll need your support to keep the presses rolling. 
