In 2012 the creek that runs through the centre of the proposed Wallum Estate development at Bayside Brunswick was acknowledged by the developers, Codlea Pty Ltd, as a ‘Natural Watercourse under the NSW classification scheme’.
The development is now being undertaken by Clarence Property and the Save Wallum community campaigners are asking why Byron Shire Council (BSC) have taken no action over what they say is a significant breach to consent conditions that require a 20m buffer zone on either side of the watercourse.
Svea Pittman presented a detailed submission to Byron Shire Councillors at last Thursday’s Council meeting outlining concerns over the breach of consent condition B4 of the 2013 Concept Plan Approval.
This requires that a ‘minimum 20m riparian buffer must be applied on both sides of the central creek. No stormwater infrastructure is permitted within the buffer zone’ and ‘vegetation must be retained and enhanced within the Riparian Protection Zone (RPZ).’
Buffer zone disappeared
Long-time campaigners and concerned residents say that buffer has effectively disappeared in the latest management plans.
‘This buffer was designed as a RPZ under modern Water Sensitive Urban Design (WSUD) principles – a safeguard meant to shield waterways from the impacts of urban stormwater and preserve natural habitat for native wildlife, including the vulnerable wallum sedge frog and glossy black cockatoo,’ Ms Pittman told The Echo.
In the presentation Ms Pittmann highlighted that the B4 breach has been raised multiple times; in December 2023, February 2024, April 2024 and again by then councillor Duncan Dey as a question on notice (QoN) on 5 September, 2024 yet no action has been taken.
Council staff responded to Dey’s QoN by telling councillors that the Northern Regional Planning Panel (NRPP) had varied the B4 condition. However, Ms Pittmen points out that there is no reference in the publicly available documents from the NRPP amending the consent condition from B4.
According to Ms Pittman the Construction Environmental Management Plan (CEMP) contradicts the Wallaum Froglet Management Plan (WFMP).
‘They were both accepted on 8 Feburary, 2024 at the same meeting,’ she told The Echo.
‘The WFMP has the requirement section for the buffer zone in it (p41, section 7, Compliance). But then the CEMP has all the new stormwater facilities within the buffer zone on the eastern side of the creek which is is not permitted under the original consent conditions.’
34 A certificate
On 30 March, 2023 the NSW Department of Planning and Environment issued a 34A (3) certificate which states, ‘the biodiversity impacts of the proposed development have been satisfactorily assessed’ which the NRPP then relied on to approve the development application (DA).
Following the DA approval the BSC then issued a construction certificate on 1 March 2024. The construction certificate should not have been issued if the consent conditions weren’t met, say Save Wallaum advocates, who are asking BSC to ‘take all possible action to save Wallum’ and to remove or revoke the construction certificate ‘as this was issued in error in that management plans presented did not, and still do not, comply with the requirement for a 20m riparian protections buffer along the N-S creek (drain) and that no stormwater facilities can be in this area,’ Ms Pittman told The Echo.
‘It appears this is a clear breach of the consent conditions. Ideally we want to work with Council to resolve this conflict. However, if BSC does not act the community is well within its rights to take not only the developer, but also BSC, to court.’
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