Showing posts with label coastal development. Show all posts
Showing posts with label coastal development. Show all posts

Wednesday 1 November 2017

Is this what you want for communities living in the Clarence River Estuary, Mr. Mayor?


Clarence Valley Mayor Jim Simmons has been quoted in the mainstream media as saying about NSW Berejiklian Coalition Government plans for the environmentally sensitive and flood-prone Clarence River Estuary and Port of Yamba:


I’m not quite sure if the mayor has quite thought where his enthusiasm might lead…………….


This is the 50,000 ton, 848 passenger capacity, small cruise ship Crystal Symphony belonging to Chrystal Cruises a US-based business which operates in Africa, Caribbean, Europe, Hawaii, Mediterranean, South America, South Pacific, Asia, Arctic, Australia, Canada, Mexico, New Zealand, Southeast Asia, U.S. East Coast, U.S. West Coast, Alaska, Antarctic, India, and the Middle East.

Crystal Symphony currently docks in Sydney.

In 2016 Friends of the Earth (FOE) gave this ship a big fat F when it came to “sewerage treatment”, “air pollution” and overall environmental values.

Cruise ships such as this use their auxiliary diesel motors to supply lighting, air conditioning, heating etc. when they are moored and in the case of Chrystal Symphony that means diesel fumes allegedly the equivalent of 40 lorries a day travelling on Yamba or Iluka streets, according to people with some experience of UK cruise ports.

That’s going to make the on-river experience delightful for other visitors and local residents alike – out in the tinnie wetting a line as they drift through a cloud of diesel fumes spread by the breeze instead of breathing in the clean tang of saltwater.

In May 2016 it was reported that P&O were fined $15,000 by the NSW Environment Protection Authority when one of its cruise ships exceeded diesel emissions limits.

Silver Sea Cruise’s 28,258 ton, 382 passenger capacity, small cruise ship Silver Whisper which also docks in Sydney received exactly the same FOE report card F, along with its 5,218 ton, 116 passenger sister ship Silver Discoverer which docks at Cairns.

According to an undercover investigation by UK Channel Four Dispatches program aired in June 2017 the air quality on one P&O cruise ship deck was worse than world's most polluted cities.

As for waste – cruise ships can generate anything up to about 57 litres of hazardous chemical waste every day as well as producing sewage, graywater and solid waste associated with accommodation, meals and other on-board activities.

Just one accidental discharge of this waste in the tidal estuary would be hard to contain, could contaminate shorelines and possibly lead to localised fish kills .

Such an incident would quickly affect tourists’ perceptions of Yamba and Iluka as being ‘clean and green’.

That such cruise ship accidents happen, as well as deliberate waste dumping, is a fact of life.  


Mayor Simmons might also care to consider the environmental impacts of a cruise ship’s wash, given riverbank instability and erosion of estuary soft shorelines is already a problem for Clarence Valley Council.

Friday 27 October 2017

Are the NSW Berejiklian Government & local Nationals preparing to trash the Clarence River Estuary?


If there’s one thing the NSW Nationals can be relied on to do it is to run with any short-sighted idea which involves the threat of environmental degradation and risk to regional water catchments.

Here we have them joining the Liberals in touting what appears to be a deal done in Sydney (with no genuine local community consultation) to bring international cruise ships into the environmentally sensitive Clarence River estuary – an act which would require a significant degree of initial and ongoing dredging to maintain access, with perhaps the partial dismantling of one of the internal training walls which were built to direct flood water flows.
Even cruise operators with smaller vessels will demand a guarantee of risk free access and some form of terminal – demands which would see existing local tourism along with commercial and recreational fishing disrupted and perhaps diminished.
It seems that Nationals MP for Clarence Chris Gulaptis has all but forgotten that just last year he was not in favour of the last attempt to co-opt the Lower Clarence River for the personal gain of outside financial interests.
Perhaps he needs reminding that ships that meet his specifications such as this one pictured below would still require estuary modification and shoreline development which is also unlikely to tick any of the social or environmental boxes he once thought important.
As the average small cruise ship would exceed length overall LOA 30 metres they would all require compulsory pilotage to and from the river entrance to their berth.

Local residents are aware that Mr. Gulaptis has been lobbying Clarence Valley Council on the matter of cruise ships having access to and use of the river estuary. Perhaps he might like to inform us all exactly on whose behalf he has been doing this lobbying? And declare if he is receiving some form of consideration or financial benefit from such lobbying?
The Daily Examiner, 25 October 2017:

THE FIRST cruise ship that could test the Port of Yamba's passenger facilities could arrive before the end of the year, says Member for Clarence Chris Gulaptis.

"I've heard there could be a cruise ship coming this year,” Mr Gulaptis said.

But he was unsure of the any details of the size or type of vessel that could be coming.

Mr Gulaptis was with the NSW Minister for Roads, Maritime and Freight, Melinda Pavey, and Minister for Transport and Infrastructure, Andrew Constance, yesterday when they announced Yamba and Coffs Harbour were being considered as potential international cruise ship terminals for the NSW Mid North Coast.

Mrs Pavey announced the start of investigations as part of the launch of the government's Future Transport 2056 strategy.

"This is a major step, with the need for a facility being recognised in the 10 to 20-year horizon, so early investigations can begin now,” Mrs Pavey said.

The new facility has the potential to link in with North Coast tourist hotspots and part of the process will look at how to integrate the proposed port with the wider area.

"The cruise industry is booming and is set to get bigger in coming years.

"A cruise terminal would give the region a share of that industry,” Mr Constance said.

Despite the minister's optimism, Mr Gulaptis said there were lot of obstacles to overcome.

"Just where passengers would embark and disembark is not known,” he said.

"Goodwood Island could handle the size of the vessels, but its facilities have been used for live cattle exports and it's well away from Yamba.

"The only other place I can think of is at the marina on the other side of the wall, where the fishing boats moor.”

He said any use of the river would need approval of its owners, the Yaegl People, and the ships could not impact the Dirrangun reef, which was sacred to them.

He said the vessels would be much smaller than the big cruise liners.

"I think the maximum draught at Yamba is about five metres, so that should limit the size of the vessels to no bigger than 5000 tonnes,” he said.

The prospect of cruising liners coming to Yamba alarmed environmentalists such as Iluka's Ian Gaillard, who was a vocal opponent of a proposal that emerged last year to build a megaport in the Clarence Estuary.

He said people may think cruise liners coming to Yamba could represent progress, but in reality, it would be a retrograde step.

"Cruise ships bring with them some of the worst excesses of modern life,” he said.

”The danger for the local populace is that once these things are established, they change the amenity of the place forever.”

NSW Minister for Roads, Maritime and Freight Melinda Pavey is obviously confident that she and her cronies will be able to expand Port of Yamba by stealth.

Perhaps someone should remind her that Northern Rivers communities tend to jealously guard the existing aesthetic, environmental, cultural, social and economic values of their waterways and lands.

Like Chris Gulaptis, last year Cr. Jim Simmons was mindful of the environmental and cultural issues associated with dredging the entrance to the river and estuary.

Look at him now..... 

Clarence Valley’s new mayor Jim Simmons was quick to jump on board the idea to support Yamba and Grafton's tourist credentials. “Oh yeh, we’d give it  a go at Grafton.  We’ve got the best beaches up here and I think Coffs Harbour has had its fair share of things and it’s time other places got a go,” he says.

Monday 16 October 2017

Update on the proposed 140 lot community title residential subdivision in Hickey Street, Iluka, NSW


Hickey Street and environs in Iluka at the mouth of the Clarence River

The proposed 140 lot community title residential subdivision in Hickey Street, Iluka, NSW was declared a controlled action on 6 October 2017 and, as such, requires assessment under the Environment Protection and Biodiversity Conservation Act 1999 and ministerial approval before it can proceed.

According to Australian Government Dept. of  Environment and Energy the relevant controlling provisions are:

World Heritage properties (sections 12 & 15A)
National Heritage places (sections 15B & 15C)
Listed threatened species and communities (sections 18 & 18A)

There are five levels of controlled action assessment provided under the Act and the development proposal assessment for this subdivision will be by preliminary documentation, due to it being considered a proposal where the impacts are localised, easily predicted or where the impacts have already been adequately assessed under other legislation.

It is the responsibility of the development applicant, Stevens Holdings Pty Limited, to prepare documentation to support the assessment process.

Preliminary documentation assessment is one of the four levels requiring a public comment phase as part of the process. The availability of assessment documentation for public comment will be advertised in the relevant press and on the Department's website.

Monday 2 October 2017

Yamba Mega Port Proposal: "This clown just won't take no for an answer"


"This clown just won't take no for an answer" would be a fairly accurate assessment of most Lower Clarence River residents’ opinion of Desmond Euen’s (pictured left) latest attempt to promote his proposal to industrialise the Clarence River estuary by re-creating the Port of Yamba as a mega port.

Having been told repeatedly by local communities that his proposal was unwelcome and, by local government and the NSW Baird Government that the proposal would not be supported/endorsed, he still persists.

In August this year Mr. Euen participated in the following inquiry via the submission process.


On 24 November 2016, the Australian Government announced it will develop a national freight and supply chain strategy (the strategy) to increase the productivity and efficiency of Australia's freight supply chain. The strategy is in response to Infrastructure Australia's Australian Infrastructure Plan.

On 9 March 2017, the Minister for Infrastructure and Transport, the Hon Darren Chester MP, released Terms of Reference PDF: 219 KB  for an inquiry into National Freight and Supply Chain Priorities (the inquiry).

The Inquiry will inform the development of the strategy and determine how to best lift the productivity and efficiency of Australia's freight supply chain. The inquiry is being led by the Department assisted by Infrastructure Australia and a four member Expert Panel appointed by Minister Chester. On 26 May 2017, the Department released the Discussion Paper for the inquiry, marking the commencement of the public consultation period. Submissions closed on 28 July 2017 and the Department is now analysing the responses, together with comments received from meetings with key stakeholders.

A draft report will be made available for industry and government for comment by December, and the final report provided to the Government by March 2018.

A series of frequently asked questions about the inquiry and the strategy have been prepared to assist you.

The Discussion Paper, working papers prepared for the Inquiry and the submissions (except for those marked ‘in-confidence’) can be accessed below.

Discussion paper PDF: 558 KB 

As Inter-Port Global Pty Ltd he submitted two documents (Submission 27 in above link) – one of which was for Gladstone Strategic Development Area in Queensland and the other for the Port of Yamba on the NSW North Coast.
                               
The 42-page Yamba document was originally created by Euen on 27 July 2017 according to its “Properties” page. It asserts to be a submission originally made to Infrastructure Australia at an earlier date.

Desmond Euen of Unit 1103, 2865 Gold Coast Highway, SURFERS PARADISE QLD 4217 registered Inter-Port Global Pty Ltd on 24 August 2016. To date he is the sole director and shareholder as well as the company secretary.

There were a number of confidential submissions to the Inquiry into National Freight and Supply Chain Priorities and it is possible that one of these may be from the group of corporate lawyers, investment companies and property developers behind United Land Councils Ltd and United First Peoples Syndications Pty Ltd who made a joint submission to the NSW Legislative Council General Purpose Standing Committee No. 6 Inquiry Into Crown Land in August 2016 which included the Yamba mega port proposal .

The Inquiry into National Freight and Supply Chain Priorities is due to hand its report to the COAG Transport and Infrastructure Council sometime before end March 2018.

Iluka Real Estate decided to tout a proposed development and instead stirred up the local community


Perhaps thinking to further his own commercial interests and apply a little pressure to the Northern Joint Regional Planning Panel (NJRPP) currently considering a proposed 140 lot development on environmentally sensitive land, Iluka Real Estate owner Graeme Lynn took to the airwaves on 26 September 2017 spruiking this development which he has been advertising online since  2015.

Unfortunately for Mr. Lynn all he did was demonstrate that the Iluka community is not happy with the scale and design of this development application, as well as concerned with loss of biodiversity and habitat – particularly destruction of a Coastal Cypress Pine Endangered Ecological Community (EEC), loss of local koala habitat and fragmentation of a known wildlife corridor.

Up to the point that Mr. Lynn rose to his feet at the NJRPP Public Briefing Meeting on 20 September, the community debate on this planning issue had remained civil and constructive. Most Iluka residents are obviously trying to ensure it stays that way.

Here is how the online response to Mr. Lynn's on-air statements played out:


DEVELOPMENT PLAN DIVIDES ILUKA

Opponents of a major residential subdivision planned for Iluka say it puts the village's unique charm at risk.

The Birrigan Gargle Local Aboriginal Land Council has been working with the Stevens Group on a 140-lot development on Hickey Street.

The state's Joint Regional Planning Panel hosted a public briefing on the issue last week.

Tony Belton, from the Association of Iluka Residents, said it was a huge project which threatened the character of the village.

"Iluka has so far avoided the over-commercialised coastal development that now characterises many seaside destinations," he said.

"And I think that sort of sums it up, people come here for that unique coastal experience that sadly has largely been lost due to over development.

"One speaker at the meeting the other day said this kind of development would be more suitable for a place like Mount Druitt. 

"And indeed that's the issue, it's a huge development with little consideration for the world-heritage status next door or for the feel of Iluka as it is now."

But not everyone is opposed.

The President of the Iluka Ratepayers Association, Graeme Lynn, said residents could see benefits in the proposal.

The shops here need more customers," he said.

"The golf club is right next door and it definitely needs more customers and it'll give better access to the golf club ... coming all the way through. 

"And the shops in town need those extra customers."

A spokesperson for Birrigan Gargle Land Council declined to speak with the ABC until after the development application had been finalised.


14 comments
Comments
Roslyn Woodward Grahame Lynne is not only from Iluka real estate, he is also the president of the Iluka golf club, president of the association of Iluka residents and president of the Iluka Rotary. He spoke at the judicial panel meeting but did not declare he had an obvious financial interest. This map clearly shows the proximity to the World Heritage Area on the other side of Iluka Rd and the important east-west wildlife corridor link to the Clarence River. There are many threatened species on the site and lots of Koala sightings. The land council may need funds we are not to question that - but this land could certainly qualify for a biodiversity off-set which would be a win for the land council, Iluka's amenity and wildlife.
6 · 19 hrs
Jill Garsden Oh, no, please, no......Iluka is the only north coast coastal town we can retreat to without feeling that it's become too overdeveloped and touristy. Its charm and attraction lies in the fact that it has withstood further development. If it becomes like every other coastal town then it will lose not only our regular visits, but also those of many others.
2 · 17 hrs
Annie Leggett Well of course Graeme Lynn thinks it's a great idea.... he is the real estate agent working with the developer to sell the land/development.... good for him sure.... lots of money in it for him.... Good for the people of Iluka ?? Now that is a better question? If you listen to others, who aren't just focused on the money .... there are many things that are not okay about the development in its current proposal.
Tania Laurie What's wrong with all you Anti-development activists. The fact of the matter is that the population is growing and more housing is required. Don't you realize that there were native flora and fauna once where houses are now. As stated, heritage listed land is near so these species will move to safer habitat, not be wiped out. And it would be a disgrace to think all this opposition is because the Aboriginal land Council is involved. Eventually communities have to grow to help accommodate existing residents family as they get older and will help keep communities family orientated. Besides all that, it's a great economic injection for the town. Wake up and stop whinging.
1 · 17 hrs
Louise Devonforlunch No mention is made of the fact there have been four gravesites discovered. Two are located on the DA site and two opposite on the crown land. Ground Penetrating Radar undertaken during the Heritage study confirmed one of the gravesites had an 9/10 chance of containing human remains but despite this the site was excavated recently to the extent that one of the most intact gravesites has been destroyed beyond recognition!
Dave Schwarz You'd have to wonder what the Land Council is up to, seems the mighty $ is more important than the precious land? I'm no Greenie, but the argument the shops need more customers is surely crazy, surely the residents need fewer shops? 
Carol Watkins ILUKA CEMETERY 
Elizabeth Street 
Iluka NSW 2466
The Iluka Cemetery has been subdivided into a lot of about .3 ha and is believed to contain three bodies. The graves are thought to be located on the crest of a small sand dune about 20 metres off the northern side of Elizabeth Street. The site of the graves is covered with scrub vegetation. Only one grave is marked with a wooden cross and it bears the name of Earnest Eaton. Graves are not visible from the road. A memorial wall is located on the same side of the road about 100 metres away.
https://www.clarence.nsw.gov.au/cp_themes/metro/page.asp...
Peter Appleton One thing that surprised me with the original DA, listed by council on Christmas Eve 2015, is that they appeared to be unaware that this is an historic sand mining site. Seems strange to me as there are records and maps everywhere saying its been sand mined. As I understand it a Section 149 Certificate is a legal document issued by NSW councils under the EPA Act which gives detailed information about sites. The Clarence Valley Council (CVC) Section 149(2) Certificate issued for this site (as per the released DA material) does not mention the sand mining history of the site. Page 10 of the certificate says, "Council records do not have sufficient information about previous use of this land to determine if the land is contaminated." The engineering consultants engaged by the developer (Cardno Pty Ltd) then seem to run with this in their 8 August 2015 report which says on page 5, "There is no available evidence of land clearing, mining infrastructure, mining pits or dredging ponds in the aerial photography, which suggests that no mining, or on site separation processes were conducted on site." Seriously??? Cardno would then appear NOT to have undertaken any soil samples with regards to Zircon, Rutile or any of the other associated sand mining minerals.
Louise Devonforlunch Yes the original Cemetery was near Sid & Eileen Gill Park however the DA site was set aside as an additional cemetery between 1910 and 1928 when it was returned to Crown Land. The gravesites that were found at the South Western end of the DA site about 100m from each other. There are four in total but now since one has been destroyed only three remain. This is a part of Iluka’s history and whether they are Aboriginal or European they warrant further investigation and respectfully treated not subjected to the heavy handed approach used recently by the Police as I understand it.
Peter Appleton As you know Louise the one that has been destroyed was mentioned at a JRPP briefing meeting at Clarence Valley Council offices on 16 August 2017. In attendance were panel members Garry West (Chair), Stephen Gow, Jim Simmons, Jason Kingsley. Apologies from Pam Westing. Also in attendance were council assessment staff Carmen Landers (Development Planner) and Nigel Sutton (Development Engineer). "Key Issues Discussed" included "Aboriginal Burial Site". 
No cultural heritage or aboriginal heritage reports were presented with either the original or amended DA, despite council being advised via submissions of the likely presence on site of at least one aboriginal gravesite. This latest round of submissions commenced before the completion of both the Extent Heritage "Aboriginal Cultural Heritage Assessment" and "Baseline Historical Archaeological Assessment" reports. These reports were released to submitters only after they complained about their absence and were then only forwarded by council to two submitters that I am aware of. 
My email to council following this incident includes, "Were the local police involved in this operation advised by council that this site is currently subject to a development application and has been referred to the commonwealth with a decision still pending as to whether it becomes a controlled action? Were police advised by council that this is likely to be an aboriginal grave that they were bulldozing or is this something that council still wishes to dispute? Were police advised that this part of the DA site was an area described by the ecological consultant for the applicant as being the best example on site of the endangered ecological community Callitris columellaris? Were police advised that this is an historic sand mining site with the potential for radioactive concentrations of mineral sands to be found beneath the surface?" 
The excavator operator (a local) was left unsupervised to backfill after the excavation, was wearing no safety equipment, face mask etc and advised that he had excavated to a depth of 2 metres.

Saturday 23 September 2017

An NJRPP Public Briefing Meeting in Iluka, NSW, 20 September 2017


Section of the southern boundary of the Hickey Street land proposed for development

On 21 September 2017 North Coast Voices received this email from an Iluka resident on the subject of a recent meeting in that little coastal town:

At 4.30pm on Wednesday 20th September 2017 the Northern Joint Regional Planning Panel (NJRPP) held a Public Briefing Meeting at Iluka Community Hall concerning the proposed coastal subdivision of 19 hectares of environmentally sensitive land adjacent to the Iluka World Heritage Area.

The meeting was chaired by Gary West (Chair NJRPP) who was accompanied by three other panel members - Ms. Pam Westing, Clarence Valley Mayor Jim Simmons and Deputy-Mayor Jason Kingsley.

Four council staff members accompanied the panel members, including Carmel Landers who is responsible for progressing the development application through council planning processes.

Concerned residents and ratepayers filled between half and three-quarters of the hall’s seating capacity.

A number of people from the Yaegl community were present, as well as Cr. Greg Clancy who was there in a personal capacity.

The Panel secretariat had invited individuals and groups who had made formal submissions on the proposed development to register beforehand as speakers.

Around nine listed speakers presented their views and most called attention to significant problems with the development application – including street design, lot density, stormwater drainage and nutrient load, as well as loss of tree cover and habitat in the current version of this 140 lot urban development.

The Association of Iluka Residents (AIR Inc) were first off in the order of speakers. Its President introduced the issues, the Secretary expanded on key concerns, and one of AIR's members presented questions to the developer (in absentia) via the panel and Council staff, then the President wrapped up the AIR presentation.

John Edwards on behalf of the Clarence Environment Centre spoke with some authority on issues of concern regarding the proposed development.

Also rising to their feet were local residents Kay Jeffrey and Gabrielle Barto.

Ms. Jeffrey spoke very eloquently from the heart about Land Care on the World Heritage site which contains rare littoral rainforest, pointing out this development would be detrimental to flora and fauna within that site. Expressing her gratification that evidence now showed the koala was not functionally extinct in Iluka. She further pointed out that the type of development proposed was better suited to outer metropolitan urban areas such as Mt. Druitt.

While Ms. Barto spoke with a deal of on-the-ground knowledge on a range of environmental and planning concerns. She highlighted the fact that sightings of koala on and in the vicinity of the land in question demonstrated that this large lot was being used as part of a larger movement corridor.

A retired real estate agent originally from Bribie Island stated he didn't want Iluka to turn into a Bribie Island or Lennox Head, having had firsthand experience of what can happen if poorly planned developments are allowed in coastal towns. Additionally, he spoke of the problems associated with community title – in particular that by-laws and management plans on community title could be changed over time.

Another speaker suggested the development site would be suitable for acquisition by the NSW Government in order to protect the local koala population and koala habitat. Something it has apparently undertaken in the Tweed Heads region.

Grahame Lynn (who was approx.10 minutes late) was the last scheduled speaker as President of the Iluka Ratepayers Association (IRA). He proceeded to attack with some vigour the Clarence Environment Centre submission as well as those of many other individuals and groups that oppose this development. Indeed he spent most of the time in attack mode and very little time in talking up the proposed development.

Mr. Lynn as a local real estate agent has been advertising the proposed subdivision for at least the last eighteen months  – a potential conflict of interest he failed to mention to the panel. 

It was noted that up until that point, all panel members and Council staff were taking copious notes, but as soon as he started talking they stopped. I guess one loses credibility when attacking the “player and not the ball” so to speak.

By the end of the meeting I was of the opinion that Gary West as Chair had run the meeting well, making us all feel comfortable and all points of view were heard.

Anon
Iluka, NSW

Coastal Cypress Pine on the development site
Images supplied by Iluka resident

Monday 5 June 2017

NSW Berejiklian Coalition Government has decided that a new group will be added to those already receiving under-the-table largesse from corrupt developers


If the investigative history of the NSW Independent Commission Against Corruption (ICAC) since its inception in 1988 (as well as the existence of the Pecuniary Interest & Disciplinary Tribunal) wasn’t proof enough that everyone from ministers of the Crown, members of parliament, judicial officers, public servants, local government councillors and council administrative staff, are capable of being corrupted by rapacious developers, the Berejiklian Coalition Government has decided to increase the field for the convenience of their bagmen by adding yet another layer to the development consent process.


Councils are set to be stripped of the power to determine development applications above a certain value in a governance shake-up that will mandate the use of independent planning panels across most of NSW….

Draft changes to the Planning Act released by then planning minister Rob Stokes in January proposed empowering the minister to order a council to use an independent panel for development applications in certain circumstances…..

it is understood new Planning Minister Anthony Roberts believes that mandating Independent Hearing and Assessment Panels (IHAPs) is an important probity measure.

The panels, which are optional at present, are used by large councils, including Parramatta and Liverpool.

Fairfax Media understands Premier Gladys Berejiklian and Mr Roberts are considering the change alongside a suite of housing affordability measures to go to cabinet this week.

The final shape of the independent panels has yet to be decided but it is likely they would operate in a similar fashion to the existing IHAPs.

Sunday 21 May 2017

Tit for tat in face off by Tweed Shire mayor and wealthy developer


Local government can be an interesting space on the NSW North Coast……

Echo NetDaily, 9 May 2017:

Tweed shire mayor Katie Milne has been awarded $45,000 in damages plus costs after winning a defamation case against billionaire developer Bob Ell.

Mr Ell is involved in two massive developments in the Tweed Shire and his relationship with the council, and Cr Milne in particular, has not been smooth.

Ironically, Cr Milne brought her case as a result of comments Mr Ell made to a Murdoch newspaper, the Gold Coast Bulletin, after he won a defamation case against her.

In that case, Mr Ell was awarded $15,000 damages against Cr Milne but Justice Rothman ruled in the Supreme Court yesterday that was not a reason to minimise the damages awarded to her.

After Mr Ell’s case was ruled by Justice McCallum on March 7, 2014, Mr Ell was contacted by a reporter from the Gold Coast Bulletin on March 12, and ‘made comments to the effect that Ms Milne is not a “fit a proper person to be a councillor” and the Gold Coast Bulletin reported that comment together with reporting that Mr Ell has stated that he hoped speculation that the payments would bankrupt her were true, so that she would not be able to retain her place as a councillor,’ the facts of the case revealed.

The newspaper ran the headline ‘KATIE LOSES BILLIONAIRE BOB BATTLE “I HOPE THIS SENDS HER BROKE” P8’ on its front page.

On page 8 the story ran under the headline titled ‘Developer hopes fine bankrupts councillor’.

For all those avid court watchers out there the finer details of the outcomes of these legal clashes can be found in Ell v Milne (No 9) [2014] NSWSC 489 (11 April 2014) and Milne v  Ell  [2017] NSWSC 555 (8 May 2017).

Monday 24 April 2017

NSW Minister for Planning Anthony Roberts pressuring Byron Shire Council on behalf of millionaire developer


The Northern Star, 20 April 2017:

BYRON Shire Councillor Cate Coorey has reacted angrily to a letter received by council from NSW Minister for Planning Anthony Roberts, pushing council to make a Draft Control Plan for the West Byron site that she and a number of other councillors see as flawed.

At a meeting on November 17 last year, council resolved "that subject to peer reviews of frog, koala, traffic, and water and flood management reports, council (should) approve the Byron Shire Development Control Plan 2014".

Instead, the Planning Minister is pushing council to make the DCP without the reports…..                                                                                                                                                                      
"The minister that approved this rezoning never came to Byron and does not understand the site.

"Now this new Planning Minister is doing the same. The State Government ignores what the people of Byron want."

"The previous council did nothing with this DCP - they were happy to accept the one put forward by the developers, which took no account of the major issues with the site - koalas, endangered frog habitat, acid sulfate soils, flooding and traffic.

"This council is trying to address these serious issues and we are being bullied by the minister, who is threatening to make the DCP himself if we don't submit the inadequate one that we were trying to amend.

"Minister's letter to us says - the proposed amendments, if pursued, would likely result in significant land-forming works and clearing to enable drainage, and a loss of dwelling yield across the site.

"Drainage on West Byron is fundamental to the site……

According to a 20 April 2017 newsletter from the Saddle Ridge Community Action Group

Today was a terrific day at the Byron Shire Council meeting.

Four substantial motions that went against staff recommendations.

1.  A motion to return public lands in Brunswick Heads to the community from North Coast Holiday Parks and a restriction limiting them from expanding into the Cypress Pine WW1 memorial grove.  We now have to wait if North Coast Holiday parks will challenge this legally.

2. A motion blocking any attempt to allow heliport operations at Tyagarah airfield and a further motion raising a number of significant issues that need to be addressed before any further expansion and intensification of the airfield goes ahead.

3.  A final attempt by council to write to the Minister seeking peer review of certain elements of the West Byron DCP before it is signed off by the Minister.

4.  The re-exhibition of the Byron Rural Land Use Strategy for a further 28 days with a report to be brought to council before it is again sent back to the Minister.

[my yellow highlighting]

BACKGROUND

The Northern Star, 5 June 2014:

A QUEENSLAND property developer is understood to have bought a major share of the controversial West Byron development.
The Byron Residents' Group, which opposes the development, described the new landowner, property developer Terry Agnew, as "a big player in the Sydney CBD property market" who is about to start building a major resort development on Great Keppel Island.
"We have always been concerned that the West Byron landowners were simply trying to get the development approved before selling out to a developer who could afford to undertake a project of this size," Cate Coorey of Byron Residents' Group said.
"For a long time we have been told that it is local people involved in this development and they have the community's best interests at heart. Now that a major developer has bought this parcel, it changes the landscape quite a bit."

The Northern Star, 5 May 2015:

IT WAS claimed that the West Byron development would alleviate housing distress and make housing more affordable.

But the Byron Residents' Group says recent media reports show this claim to be bogus.

Spokesperson Cate Coorey says the truth about the planned development, a 108 hectare housing/commercial estate opposite the industrial estate on Ewingsdale Road, has started to emerge with reports saying the major landowners are "planning to develop about 500 houses on 600sqm lots to be priced from $850,000 on a 70ha site."

"I doubt many people who are looking to buy "affordable" homes would be considering $850,000 plus price tags," she said.

The reference to the price of the planned homes was in a report in the Weekend Australian.

Echo NetDaily, 21 September 2015:

A major player in the controversial West Byron development appears to be pulling the plug on his holding just days before the council’s Development Control Plan (DCP) for the subdivision is due to go on exhibition.
Prominent Sydney CBD property developer Terry Agnew bought a sizeable portion of the project early last year from failed local property company Crighton.

He now looks set to make millions of dollars in profit just for sitting on the land for a matter of months.

Mr Agnew’s company Tower Holdings has refused to comment on the issue but a sizeable advertisement appeared in Saturday’s Sydney Morning Herald, with a bird’s-eye view of the land for sale, which appears to be his holding.

In May this year Mr Agnew was spruiking the high prices of Byron land and this is echoed in the ad, which reads ‘Byron Bay median house price is now $966,000.’

The ad says the parcel potentially contains allotments for ‘300-450 dwellings’

The Australian, 10 September 2016:
Property developer and Great Keppel Island owner Terry Agnew’s mansion Rona, fronting Fairfax Road, Bellevue Hill, will soon hit the market through Laing & Simmons agent Bart Doff, as revealed in The Australian earlier this week. Doff says the property is a “beautifully renovated six-bedroom mansion with Opera House and Harbour Bridge views as well as uninterrupted views north to Manly”. Agnew is decamping further north to his Wategos Beach mansion in scenic Byron Bay. His daughter, a champion rower, is moving to the US to study while Agnew’s son is weeks away from completing his senior schooling — hence the desire to downsize.

The Australian,  7 September 2016:

 Rona, one of the ­nation’s grandest estates, will hit the market officially with hopes of $65 million.
Rona’s vendor, property developer Terry Agnew, paid $20.5m for the 45-room estate at 49-51 Fairfax Road, Bellevue Hill, in January 2005.

Echo NetDaily, 12 April 2017:

A planning ‘instrument’ that gives the community and councillors a say on one of the largest Byron Bay suburbs in a generation has been circumvented by Gold Coast developer Villa World Ltd.

Instead, a 290-lot development application (DA) was lodged for around a third of West Byron land last week.

Villa World say they are in a joint venture partnership with Sydney-based developer Terry Agnew, who purchased approximately a third of the 108 hectare lot around two years ago.

The land is located opposite the arts and industry estate on Ewingsdale Road.

Councillors and staff had been working through a revised development control plan (DCP); however, Villa World development manager Peter Johnson told The Echo that owing to a change in NSW premier and planning minister, the company were unsure of a determination timeline and have instead circumvented the DCP.

A DCP is a specific planning ‘instrument’ for the site, and aims to address specifics such as traffic and the endangered koala and frog habitats.