Echo,
7 November 2022:
Mayor,
I agree, let’s set the record straight. Here’s a fact: the
community was denied the right to know about the Linnaeus Estate
rezoning to Mixed Use Development. The 25 August 2016 Council agenda
reveals that there was no report to Council to endorse the change
from Education, as required, and doesn’t include any information
about the Linnaeus Estate zone change.
In
September 2015 Council resolved to change the zone label from
Education Establishment to Private Education Facility. It had been
zoned restrictively for Education since 1990. So why was it exhibited
with the broad term, ‘Multi Use Development’ in 2016? It’s not
a fact that Parliamentary Counsel recommended the change, and if so,
why wasn’t that reported? In April 2020 a further report admitted a
‘fundamental error’ that the zone allows Community Title (CT).
All
in, a massive increase in development potential without the community
knowing.
This
represents a lack of procedural fairness, a denial of the community’s
right to know about the changes for this significant land.
Recently,
a further poor process for the Ecotourism development application
(DA).
Who
benefits? Not the community and not the environment.
Who’s
to blame? Perhaps a council that fails to question the processes we
rely on. Byron community Deserves Better.
Jan
Barham, Broken Head, Former Byron Shire mayor
BACKGROUND
ECHO,
10 May 2021:
Community
concern over the current development application (DA: 10.2021.170.1)
for Linnaeus Estate in Broken Head has led to detailed analysis of
the DA.
A
key point of contention is the impact of the proposed development on
the Nationally Critically Endangered Ecological Community (EEC),
Littoral Rainforest at the site.
According
to the Broken Head Protection Committee (BHPC), the DA seeks to clear
an area of Littoral Rainforest as identified in the Biodiversity
Assessment.
They
point out that the 2019 Federal Government Recovery Plan under the
Commonwealth Environment Protection and Biodiversity Conservation Act
(EPBC) for the EEC has not been referenced in the application.
As
a result the BHPC are calling for ‘the proposal to be referred to
the Federal Government owing to the likely impact on the EEC due to
the proposed change of use for the site and the associated
intensification of impacts.’
However,
the clearing of littoral rainforest has been disputed by one of the
Linnaeus Estate representatives Brandon Saul, who told The Echo,
‘The Biodiversity Assessment you refer to clearly indicates the
project has been carefully planned so as to avoid all mapped
rainforest on the site. Put simply, no SEPP (State Environment
Planning Policy) mapped rainforest will be cleared.
Mr
Saul acknowledges that there will be an area of 0.44ha cleared, but
stated that ‘The calculated compensation planting for this impact
is 1,670 trees, but we will be planting a lot more.’
Around
eighty objectors to the project rallied on the beach in front of the
proposed site Friday morning….
ECHO,
27 February 2020:
A
public meeting to discuss a ‘low-scale wellbeing retreat’
development proposal, at a gated beachside estate, situated between
Byron Bay and Lennox Head will be held at the Broken Head Community
Hall on Sunday March 1, from 4pm.
Council
staff have told Echonetdaily the Linnaeus Estate DA will go before
the Northern Regional Planning Panel.
While
a DA is yet to be lodged, it has stirred neighbours into action.
According
to the owners, ‘The 111.2 hectare property is covered by a
combination of special activities – mixed use, environmental,
private education and some rural zonings. While the zoning allows for
tourism, the property is currently only approved for private
education.
‘The
application will seek to continue with current uses, as well as
establish a low-scale eco-retreat, incorporating the existing
facilities – pool, communal buildings and tennis court. The pool
area would be upgraded with wellness facility (spa), toilets and
showers and an evacuation building, back of house (office space,
staff amenities and parking), bin and storage area and garden shed
would be constructed.
‘The
application proposes that 11 approved, but unbuilt, units with a
combined floor space of 2,388m2 not be erected. That instead, 33 new
two-person cabins/treehouses with a combined floor space of 1,862m2
be constructed for eco-retreat guests’.
Former
Greens mayor and NSW MLC, Jan Barham, has flagged her concerns, which
range from climate change impacts, foreseeable risk of future erosion
and liability of Council.
Barham
said, ‘It is unbelievable, with the coastal problems Council has
been dealing with for decades, that in 2020, Council would create new
lots in a coastal risk area, especially when they have declared a
climate emergency.
‘There
is also the likelihood of a repeat of historical events such as
cyclones and east coast lows that could ravage this section of coast,
and with Council supporting the new zonings in the risk area, there
are serious consequences.
‘Disturbingly
the proposal has identified as per the staff report: “15 lots in
the coastal erosion zone,” but states that this will be dealt with
by conditions of consent for any of the structures to comply with the
relocatable provisions of the LEP and DCP.’
Developer
replies
One
of the developers, Brandon Saul, has hosed down what he says are
misunderstandings about the proposal and process.
He
told Echonetdaily that the proposal will not increase the number of
people staying onsite ‘above what has already been adopted in the
Rural Land Use strategy’.
Responding
to queries as to expected numbers, he says ‘I suspect we’d be
lucky to get 20 people at a time interested in the type of things
we’d be looking to present’…..
Echonetdaily
also asked, ‘Presumably this rezoning can be a catalyst for
expanded operations in the future – ie a thin edge of the wedge?’
Saul
replied, ‘We are not asking Council to re-zone the property.
Tourism is already a permissible use on the land we propose to use
for our retreat. That said, the “thin end of the wedge” argument
represents a valid concern.
‘On
that point, I’d encourage those that are concerned to take a closer
look at the site and our proposal. While Linnaeus is a large parcel
of land, most of it is not suitable for development and never will
be. Much of it has already been voluntarily earmarked for ecological
preservation under the council’s new “e zone” process and much
of it is low lying grassland, not suitable to development…..
Note: Property developer Brandon Saul describes himself as "Serial entrepreneur with an interest in music, art, architecture, finance, technology, event management, social marketing and property development". He is currently a director of North Byron Parkands and Principal & Managing Director of The Mixed Media Group according to his Linkedin entry.