The threat of multiple home demolitions is still a reality for a small vulnerable community of long-term locals living in Main Arm, with renewed support from Greens Mayor Sarah Ndiaye and Council’s General Manager, Mark Arnold, who are backing compliance department demands that multiple homes be assessed against building codes to ensure ‘public safety’.
A 12-month timeframe has been provided, and comes after compliance inspections of individual homes escalated to the entire multiple occupancy (MO).
Kohinoor Pty Ltd is managed by landowners under a company structure (MO), which has been in existence since 1971.
A neighbour’s complaint in July last year led to compliance raids and a subsequent demolition order on the entire shared property.
The actions come despite Council’s enforcement policy, which expired last year, being under review. All councillors agreed it needed to be updated in March.
Greens councillor Elia Hauge said in the press release at the time, ‘“Compassion” or “sensitivity” do not appear anywhere in the current policy, which also makes no reference to Byron Shire Council’s 2022 Unauthorised Dwellings Guideline’.
Cr Hauge told The Echo on deadline on Tuesday she will be submitting a motion for the next meeting ‘to suspend orders while enforcement policy is being reviewed, and a question about Council’s power to suspend a specific order’.
Cr Ndiaye told The Echo she supports a March 27 letter by Council’s General Manager, Mark Arnold to a shareholder, who was seeking clarity around the orders.
Mr Arnold told Charlie Boyle the demolition order still stands, and that the MO has 12 months to either resolve the development concerns or comply.
Cr Ndiaye said Mr Arnold’s letter ‘appears to be written in straightforward, clear language and outlines the process in detail. Additionally, the $650 fee has been waived’.
‘It also indicates that extensions may be possible if good faith and commitment are demonstrated’.
She added, ‘I have not seen any responses [from the MO] sent before the requested extended date of March 21’.
Acting against will of councillors
Yet Dean of Law at SCU, Professor David Heilpern, told The Echo, ‘Council is acting very strongly on a policy that councillors have clearly indicated is under review, as it may not meet the priorities and expectations of the current Council.
‘The proper thing to do in those circumstances is to wait with any radical, irreversible and drastic actions until the new council’s policy review is complete.
‘What possible harm would there be in such a strategic, cautious and compassionate approach?’
Unfortunate media coverage, says GM
Council’s GM Mark Arnold began his letter to Charlie Boyle with, ‘It is unfortunate that this matter has been covered in the media, particularly given the efforts made by relevant staff to engage already with some of the lot owners in good faith’.
‘As General Manager, it is not within my scope to intervene in compliance actions’.
Professor Heilpern challenged the comment, and said, ‘The Office of Local Government states that the General Manager is responsible for the day-to-day operations of Council, and the direction of staff. If the General Manager cannot rein in a compliance regime then who can?’
‘Do compliance staff just have total, unfettered discretion to apply ambiguous policy without reference to the views of the community, the councillors, and the housing crisis?
‘Is the General Manager stating that he has no control over the compliance division of Council?’
Matter of judgment
‘This is a matter of judgment, like most enforcement decisions’, said Professor Heilpern. ‘Will we demand a demolition order on a community that has been living in peace and potential non-compliance like almost every other MO in the country?’
‘Will we be the only Council in Australia ever to issue demolition orders on a whole community?
‘And that judgment ultimately rests with the General Manager, because he is at the top of the pyramid. In my view, the judgment to continue this cruel approach is deeply flawed. It is unprecedented and harmful.
‘Perhaps the elected representatives will reach the same conclusion. And if they do, then ultimately it is a question of whether or not they have confidence in the General Manager’.
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. 
