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| Linnaeus Estate, Byron Bay IMAGE: http://linnaeus.com.au/ |
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.
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