The failure to provide detailed documentation to the public on development applications (DAs) and other BSC proposals (like draft DCPs and proposed lease arrangements) continues to frustrate the public and prevent their ability to effectively respond to proposed developments and proposals that BSC is seeking public comment on.
This was again apparent in the planning proposal (PP) for 268 Ewingsdale Road, Byron Bay that seeks to turn the former Sunnybrand/Ingham chicken site into an industrial area.
The BSC failed to provide a range of relevant documents, including the BSC Agenda Report from September 11, the traffic reports, detailed flood and stormwater information, Acid Sulphate Soil report, and other relevant background documents referred to in the PP as part of the exhibition calling for public submissions on the DA.
CPHR objected
The Conservation Programs, Heritage and Regulation Group (CPHR) of the NSW Department of Climate Change, Energy, the Environment and Water (NSW DCCEEW) objected to the planning proposal in its current form on biodiversity grounds. They stated that they would reconsider their ‘objection after recommendations 1, 3, and 4 above have been addressed’.
The Echo understands that they have not been contacted by either the proponent or the BSC in relation to their concerns or grounds of their objection.
The CPHR suggested that all areas proposed for zoning ‘C3 Environmental Management be instead rezoned to C2 Environmental Conservation’.
The proposal for E4 zoning (general Industrial zoning) to extend into the mapped Coastal Wetlands area has been raised in public submissions, along with the fact that the site sits in the West Byron Koala Management Precinct (KMP). One submission states that the ‘C2 should be extended south of Ewingsdale Road area to provide connectivity, especially for koala protection and connectivity’.
The CPHR sought that further information be provided to justify the primary use of the vegetated land in the western, southern and eastern parts of the planning area, with the C2 zone considered for application to these areas.
One public submission proposed that the ‘E4 zone should be reduced in the shed area to compensate for the loss of identified coastal wetland EEC (Endangered Ecological Community) between existing sheds by the removal of lots 20, 21, 22, 23 and the drainage lot due to the presence of Swamp Sclerophyll EEC and Coastal Wetlands EEC’.
Four lanes for Ewingsdale Road?
In the PP the developer states that, ‘It is noted that designs to improve Ewingsdale Road to a four lane road have been prepared by Council’s technical staff’. This raises serious concerns over the lack of community discussion or consultation on any proposed four-lane development of Ewinsdale Road. It further raises the issue that if this and other developments south of Ewinsdale Road are relying on a future four-lane road, why are they not being asked to provide developer contributions for this infrastructure?
The BSC report only recommends ‘a Voluntary Planning Agreement (VPA) to facilitate upgrades to the Cavanbah Centre roundabout’ with no planning for any road upgrades which would leave that once again in the lap of ratepayers to pay for rather than the developments that are requiring these upgrades as a result of the extra traffic they are bringing to the road.
Long-term impacts
Concerns have also been raised over the fill to be removed and the approximately 250,000m3 of fill that will placed on the site that is in a floodplain. Submissions raised concerns over the ‘the impacts of fill including onsite and offsite flooding and stormwater impact including on biodiversity, on site and on adjoining properties and Belongil Creek and protected wetlands’.
This planning proposal, along with others in this area, fails to consider the cumulative impacts of filling the floodplain, increases in traffic on an already overburdened road, particularly during peak tourist periods, and the impacts on the broader wetland and Bellongil drain system that has already seen historical fish kills.
This Thursday, Byron Shire Councillors will be asked to amend the exhibited PP to include one change as discussed in the report and to send that PP and supporting documentation to the NSW Department of Planning, Housing and Infrastructure (PH&I), requesting for finalisation. Both these tasks would be done by staff, with councillors and the public unable to see what will be sent to PH&I.
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