The rape of north-east New South Wales continues

 

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.

Flood modelling, mapping, studies, levee rehabilitation, warning signs, new gauges are worth very little if the NSW Government and North Coast councils continue to allow developers to build on flood prone land and within known floodways or flood storage areas

Below is a list of flood-related issues that the Australian and NSW governments, along with local governments and county councils in the Northern Rivers region, will engage with rather than addressing the rampaging elephant in the room. 

That is, the continued support of extensive urban development on floodplains in the heavily populated state coastal zone and, current environmental and planning legislation which is an inadequate vehicle to deal with any and all risk associated with an Australian climate undergoing continual uncharted change. 

Flood modelling, mapping, studies, levee rehabilitation, warning signs, new gauges, on paper evacuation routes and the like are worth very little if the NSW Perrottet Government and councils across the state (including those in Northern NSW) continue to allow developers to build on identified paths floods are known to travel, or if by consenting to the raising of largescale subdivision ground heights on flood prone land both government and councils redirect groundwater flows causing further riverine and stormwater inundation in towns and villages during heavy rainfall events.

The Northern NSW list.......

NSW Dept. of Planning and the Environment, Floodplain management grants awarded and project summaries, information retrieved 26 September 2022.

2021-22 NSW Government Floodplain Management Grants:

Tweed Shire Council

Tweed Heads south levee overtopping and drainage study

This project will provide a local flood risk management study for the South Tweed business district and residential area. The study will examine flooding, drainage and the hydraulic characteristics of the local levee and drainage systems, in order to identify potential flood risk mitigation and improvement measures. It will also include analysis of future flooding risks such as sea level rise and climate change. The findings of the study will inform development controls in the region and provide a local floodplain risk management strategy, including measures to be implemented within the area to reduce the impacts of flooding.

Raising and Extension of Tweed Heads South Levee is expected to cost $27 million over a 30 year period.

Byron Shire Council

Debris control measures for Federation Bridge

Federation Bridge is the major bridge in Mullumbimby crossing the Brunswick River. Federation Bridge's pile design makes the structure vulnerable to the collection of debris, which causes a major blockage to floodway flow in the Brunswick River at Mullumbimby. This was a contributing factor to the increase in flood levels within Mullumbimby during the 2017 flood event. This project will undertake the investigation, design and construction of bridge control measures to reduce the potential of river blockage at Federation Bridge.

2020-21 NSW Government Joint Grants through the Floodplain Management Grants and Floodplain Grants Scheme, which is funded by Resilience NSW:

Lismore City Council

Review and update Lismore flood risk management plan

Lismore experienced a major flood event in March 2017, which peaked at 11.59m Australian height datum (Lismore Rowing Club gauge) and saw the central business district levee overtopped for the first time since it was completed in 2005. Rous County Council recently prepared a flood risk management study following the 2017 event. This project will update Lismore's flood risk management plan, based on the findings of the flood risk management study.

Richmond Valley Council

Update the Richmond River flood study

This project will produce a single consistent flood model for the Richmond Valley local government area from Casino to Broadwater. This involves rebuilding the Richmond River flood model (2010) for use in modern flood model software, inclusion of calibrated modelling for the Casino township, and the merging of the Evans River flood study (2014) and the Pacific Highway Woolgoolga to Ballina road upgrade flood modelling. This will result in the elimination of disparity between the Richmond River and Casino models where they interface and overlap.

2019-20 NSW Government Joint Grants through the Floodplain Management Grants and Floodplain Grants Scheme, which is funded by the NSW Office of Emergency Management:

Clarence Valley Council

Alice Street levee rehabilitation – investigation and design

A section of the levee between Queen and Alice Street has been identified as being at risk due to scouring and undercutting, potentially causing slips that will risk the stability of the levee. This project will carry out a geotechnical assessment on the stability of the flood levee and riverbank and recommend options to improve riverbank stability in this area.

Wooli flood study and management plan – review and update

This project will update the 1999 Wooli floodplain risk management plan to incorporate recent flood events and best practice modelling to predict flood levels. The updated flood study and plan for Wooli will allow for informed decisions on managing flood risk.

Tweed Shire Council

Detailed design of Murwillumbah central business district levee spillway

During the March 2017 flood, the earthen section of the Murwillumbah central business district levee was overtopped in a few localised low points. The overtopping occurred in an unexpected location and in an uncontrolled nature. The Murwillumbah central business district levee and drainage study recommended the remediation of the levee low points and installation of a formalised spillway to achieve safe and controlled overtopping of the levee during events equal to or greater than the levee crest. This project will complete a detailed design for a spillway and levee rehabilitation.

Update and expansion of the Tweed Valley flood study

The current Tweed Valley flood study was completed in 2009 and covered only the more populated areas of the Tweed. Historical records and anecdotal evidence suggest that there are many more properties in the Tweed Shire's rural areas and villages that are exposed to flooding. This project proposes to expand the Tweed Valley flood study into the upper catchment to cover the villages of Chillingham, Tyalgum, Kunghur, Uki, Stokers Siding, Bilambil and the rural areas in between. Flood intelligence in these areas will allow Council to identify high-risk areas/properties.

Kyogle Council

Bonalbo flood study

Council will undertake a flood study to improve their understanding of flood behaviour and impacts, and to make better informed management decisions in relation to flood risk in Bonalbo. This study will also provide a sound technical basis for any further flood risk management investigations in the area.

2018-19 NSW Government Joint Grants through the Floodplain Management Grants and Floodplain Grants Scheme, which is jointly funded by the NSW Office of Emergency Management and the Australian Government:

Clarence Valley Council

Bluff Bridge (Orara River) flood monitoring

This project will install a remotely monitored flood gauge in the Orara River at Bluff Bridge to enable residents to be aware of when the road is closed. Flooding of the Orara River has caused the Orara Way to close on many occasions at this location. The closure causes isolation and inconvenience to the community of Glenreagh and surrounds as well as through traffic between Grafton and Coffs Harbour.

The Bluff Bridge Flood Monitoring System was switched on in August-September 2020.

Lower Clarence rural floodplain risk management study and plan

This project will prepare a rural floodplain risk management study and plan. In 2014, a report on the management of flood mitigation assets identified that the Council may be maintaining floodplain works that have little or no flood mitigation benefit or that perpetuate environmental harm. The report concluded that the best option was to prepare a new floodplain risk management plans for the rural floodplain.

Tweed Shire Council

Coastal Creeks flash flood warning system

Burringbar, Mooball and Crabbes creeks are subjected to flash flooding with little or no warning. This project will undertake modelling to establish the gauge triggers necessary for the flash flood warning system to be effective. Once triggers are determined the warning system will be investigated and implemented. Extensive community engagement is proposed to ensure residents are aware of the action they should take.

Community flood markers

This project involves the fabrication and installation of flood markers and signage to record the level of the March 2017 flood event in various impacted suburbs. This includes updating previous signage commemorating the 1954 flood, as well as additional markers on street poles. The signage project will be complemented by consultation activities and media to raise flood awareness in these communities.

2017-18 NSW Government Joint Grants through the Floodplain Management Grants and Floodplain Grants Scheme, which is jointly funded by the NSW Office of Emergency Management and the Australian Government:

Clarence Valley Council

Clarence Valley floor level surveys

There is a lack of knowledge regarding floor heights of buildings located within the Clarence Valley floodplain. This project will undertake floor height surveys of these buildings. This information will be used in conjunction with the lower Clarence flood model for a variety of floodplain management purposes, including refining the evacuation strategies; assisting with the cost/benefit assessments for potential levee augmentations to improve flood immunity; and identify properties that would be eligible for potential future house raising assistance.

Tweed Shire Council

Enhance Burringbar/Mooball/Crabbes Creek gauge network

There are currently 2 rain gauges in the Burringbar and upper Crabbes Creek catchments. This project will install 2 additional rain gauges upstream of Burringbar to improve flood warning in the area.

Incorporate Tumbulgum gauge into flood warning system

The automatic stream gauge at Tumbulgum is not currently included in the Bureau of Meteorology's formal flood warning network. This project will incorporate the gauge at Tumbulgum into the Bureau of Meteorology flood warning network. This will improve predictions of flood height in the mid catchment, by including influences from the tide and Rous River, and will improve flood warnings and real-time evacuation planning.

South Murwillumbah – Condong flow path/levee performance study

This project will deliver a flood study for the south Murwillumbah business district and residential area. The study will examine flooding and the hydraulic characteristics of south Murwillumbah Condong floodway, including the effectiveness of the current levee system. The findings of the study will inform development controls in the region and provide a floodplain risk strategy, including potential property modification measures such as land acquisition and structural works to maintain or improve the efficiency of the floodway.

2016-17 NSW Government Joint Grants through the Floodplain Management Program and Floodplain Grants Scheme, which is jointly funded by the NSW Office of Emergency Management and the Australian Government.

Ballina Shire Council

Ballina Island and West Ballina Flood Protection Feasibility Study and Plan

This project will develop a strategy to protect the existing urban footprint of Ballina Island and West Ballina below the one percent annual exceedance probability flood level from mainstream, storm surge and local overland flooding that can be adapted for future sea level rise. The strategy will be used to implement development controls, identify feasible infrastructure upgrades and structural protection measures available to reduce the impacts of flooding to Ballina Island and West Ballina.

Byron Shire Council

North Byron Flood Risk Management Study and Plan

There is considerable development pressure in the North Byron catchment and Council is currently preparing a future residential development strategy. This project will develop a risk management study and plan for the area to ensure that the existing and future development will be managed in accordance with flood hazards.

Kyogle Council

Tabulam Village floodplain risk management study and plan

The village of Tabulam is flood prone and major flooding has impacted on the village and its residents in the past. Development of the Tabulam floodplain risk management study and plan will assist in identifying the way to manage the risk of flooding impacts within the village area. This will provide guidance for the control measures required for the existing developed area and identify risks involved in new development. Beneficial control measures will be identified and implemented.

Rous County Council

Tuckean floodgate management plan review

The Tuckean floodgate management plan review will address the functional effectiveness and sustainability of Council's infrastructure on the Northern Rivers of NSW. This project will inform and update the Richmond Catchment flood model by providing a refinement of scale to allow feeder canals, drains and tidal variation inclusion. This approach will allow greater understanding of the hydrological function of the Tuckean floodgate, which is known as an acid hotspot. This will also allow Council to revise floodgate management plans in the area and support the community's desire for improved water quality in the Richmond River.

Tweed Shire Council

South Murwillumbah voluntary purchase scheme

A voluntary purchase scheme is in place for high hazard flood affected homes along the Tweed River frontage of River Street, South Murwillumbah. The existing earthen levee provides limited low level protection from small flood events. Properties have been purchased in the region over the past twenty years. Only a few eligible properties remain, and it is difficult to predict when these will be purchased, given the voluntary nature of the program and the owner's willingness to sell their property. Once removed, the properties will become public open space to be enjoyed by the wider Tweed community.

2015-16 NSW Government Joint Grants through the Floodplain Management Program and Floodplain Risk Management Grants Scheme, which was jointly funded by the NSW Office of Emergency Management and the Australian Government.

Richmond River County Council

Richmond Catchment Flood Model compilation and Australian height datum adjustment

This project is designed to refine the existing Richmond River catchment flood models and aims to link all existing flood models into a catchment model to provide continuity across the catchment.

Tweed Shire Council

South Murwillumbah Voluntary Purchase Scheme

A voluntary purchase scheme is in place for high hazard flood affected homes along the Tweed River frontage of River Street South Murwillumbah. This project will provide funding for the purchase of the few eligible properties that remain if the opportunity arises to purchase the property.

2014-15 NSW Government Joint Grants through the Floodplain Management Program and Floodplain Risk Management Grants Scheme, which was jointly funded by the NSW Office of Emergency Management and the Australian Government.

Kyogle Council

Kyogle – flood modification measures: construction activities

This project involves construction activities associated with the structural flood modification measures identified in Council's Floodplain Risk Management Plan, including a partial ring levee and additional Fawcetts Creek flood breakout.

Richmond River County Council

Water Quality Monitoring – Richmond River Catchment

This project will undertake water quality monitoring. The water quality monitoring is linked to the flood mitigation systems as it triggers the opening and closure thresholds (water level and pH) of the floodgate.

Richmond Valley flood warning and evacuation planning system - rural home floor

This project will collect ground and floor level data that can be used in flood warning and evacuation systems and detail homes that are a priority for house raising or evacuation.

Lismore rural evacuation – house floor level plan

This project will survey the floor levels of houses in the most impacted areas. The information will inform potential purchasers of the risks associated with individual houses in the rural area and at the same time give emergency response agencies good information on where resources should be deployed in a flood.

Flood evacuation South Lismore

This project will examine the option for constructing a new high level escape route to high ground for South Lismore.