Byron DA on land subject to coastal erosion?

Echo NetDaily, 23 April 2020:

A DA for 33 housing lots on the upmarket Linnaeus Estate at Broken Head remains 
on the table despite containing fundamental legal errors. Photo www.linnaeus.com.au

A Development Application (DA) for 33 housing lots on the upmarket Linnaeus Estate at Broken Head remains on the table despite containing fundamental legal errors, after a majority of Byron Shire councillors voted to defer the matter, rather than refusing it outright as Council planning staff recommended.

The councillors’ decision also puts them at odds with many affected neighbours, who supported staff recommendations. 

In February last year, the owners of the idyllic estate applied for an amendment to Byron’s Local Environment Plan to allow for a community title development comprising 33 lots, each with a minimum size of 250 m2.

It wasn’t until after the DA had received gateway approval from the NSW planning department and completed its four-week public exhibition that Council staff realised there was a ‘fundamental error’ in the way the existing and proposed controls for the site applied in the context of its ‘Special Activities’ zoning.

According to the staff report in the agenda to last week’s Council planning meeting, this error stemmed from advice Council received from the planning department.

‘Additionally, the way in which Byron’s LEP regulates community title subdivision in the SP1 (Special Activities) zone was not fully understood when the department issued the Gateway determination’, Council staff member Steve Daniels said in the report.

‘Council has commissioned legal advice on this matter which establishes that the proposed amendment to Byron LEP 2014 is redundant.’......

The legal advice also revealed that part of the site earmarked for housing in the DA was in fact ‘highly likely’ to be a coastal erosion zone. 

The Linnaeus Estate is located between Broken head and Lennox Head, and is some of the last littoral rainforest adjoining the coastline in NSW.....

According to Byron Shire Council minutes of 16 April 2020 the vote to keep this DA alive went thus:

The motion (Richardson/Spooner) was put to the vote and declared carried. Crs Coorey, Martin, Lyon, Ndiaye, Richardson, Cameron, Hackett, Spooner and Hunter voted in favour of the motion. No Councillors voted against the motion.