Help get resurrected 'zombie' development applications out of the NSW planning system. Sign this petition now.

 

"Zombie development applications (DAs), or legacy DAs, are old approvals that are resurrected by a developer and pursued under outdated legislation....‘When a zombie DA gets resurrected, it isn’t measured against current environmental and natural disaster legislation, but instead is tragically measured against older, out of date standards, that are vastly out of step with local community values and crucial environmental regulations,’....‘zombie developments are an ecologically harmful leverage of loopholes in planning legislation, which pushes local populations of threatened species all the way to the edge of their ability to stave off extinction, and robs local communities of places they truly value....‘The accumulative impacts of zombie developments all along the coastline is a “death by a thousand cuts” effect to our threatened species and their rare and beautiful habitats.’"  [Echo, 2 December 2023] 

Property developers and land speculators are using zombie DAs to build large residential subdivisions on high risk floodplains along the 1,973 km length of the NSW coastal zone. Raising the level of communal risk for long-established local communities in times of natural disaster and/or climate emergency.

"GET THE ZOMBIES OUT OF THE PLANNING SYSTEM

Property developers are taking advantage of legal loopholes to force through decades-old developments which are driving the extinction crisis, filling floodplains and causing pain in local communities. These developments are against the evidence of modern science, against modern environmental protection laws and against the wishes of local communities.

They may not like it, but developers should at least follow the law of the day, even if it changes. We can’t have long-dead development proposals haunting our communities forever.

There’s been a groundswell of incredible community action in response to these zombie developments - thousands of locals signing petitions, showing up to rallies and taking direct action. A movement is building to put the planet and people before the profit of property developers.

NOW IS THE MOMENT TO CALL ON THE MINISTER FOR PLANNING PAUL SCULLY TO SHUT THESE ZOMBIE DEVELOPMENTS DOWN."

Sign the petition to NSW Minister for Planning and Public Spaces Paul Scully MLA at:

https://www.suehigginson.org/zombie_development_sepp

 

North-east NSW coastal waters since 1850: a 'hot spot' for shark numbers

 

There are 8 real-time, satellite-linked VR4G listening stations deployed in approximately 10 to 12 metres depth of water approx. 500 metres offshore along the stretch of coastal waters off the Northern Rivers region in north-east New South Wales.

These listening station buoys are located at:

Kingscliff Beach, Tweed Heads

Clarkes Beach, Byron Bay

Lennox Point, Lennox Head

Sharps Beach, Ballina

Lighthouse Beach, Ballina

Main Beach, Evans Head

Main Beach, Yamba.

VR4G listening station off Lighthouse Beach, Ballina

IMAGE: NSW DPI Shark Smart

In 2023 the total number of shark detections at each of these 8 listening buoys were:

Kingscliff Beach - 305 (302 Bull Sharks & 3 White Sharks)

Clarkes Beach - 409 (213 White Sharks & 196 Bull Sharks)

Lennox Point*         | These 3 sites combined

Sharps Beach*        | 2,026 detections of

Lighthouse Beach* | 1,175 Bull, 755 White & 116 Tiger sharks

Main Beach, Evans Head - 3,135 (3,031 Bull Sharks & 96 White Sharks)

Main Beach, Yamba - 17,501 (17,306 Bull Sharks, 103 White Sharks & 2 Tiger Sharks).

Although in 2023 Yamba might have been the main contender for the title of shark capital of New South Wales, particularly in the months of April to August, there have been zero fatal shark attacks in Yamba river or ocean waters since 1850 and, only 37 injuries resulting from contact with a shark recorded by the Australian Shark Incident Database in that same 174 year period.

DPI Fisheries advise: tagged Bull Shark #1874 detected by Yamba receiver at 06:47:38 AM (AEST) on 24-April-2024. Last detected at 05:52:50 PM (AEST) on 19-April-2024 by Yamba receiver. Tagged and released 28-April-2023(AEST) at Main Beach, Yamba.

— SharkSmart (@NSWSharkSmart) April 23, 2024

As for the entire coastline of north-east NSW along with its saltwater river mouths, from the Clarence Valley up to the NSW-Qld border, there have been est. 361 interactions with sharks resulting in injury since 1850, including est. 37 deaths.

Disobey any of the NSW road rules between today and 28 April 2024 and you'll have a greater chance that police will pull you over & hand you double demerit points for breaking the law

The first instinct on reading the following newspaper article might be to note the double demerit points and skip over the warning it contains.

As an incentive to consider being extra careful over the remainder of this week I draw your attention, not just to the 111 people killed on NSW roads up to 22 April in 2024, but also to the fact that it wasn't just those 58 drivers who were killed.

There were 18 passengers, 15 pedestrians, one lone person on a bicycle and 19 motorcyclists.

One of those dead was a very small child under 5 year of age, 10 were aged between 6 and 20 years of age, 64 were aged between 21 & 59 years and 36 were older people aged 65 years & over.

The majority of these deaths (73) occurring on rural and regional roads, with the latest fatal crashes on 20 April 2024 at Marulan in the Southern Highlands and on the Mitchell Highway near Dubbo.

So be careful out there - it is more than your own life you are risking if you behave foolishly.

The Western Weekender, 23 April 2024

Police are planning a huge presence on the roads for the ANZAC Day public holiday and the upcoming weekend.

Operation ANZAC Day 2024 will launch at 12.01am on Wednesday, April 24 2024, with double demerit points in place until 11.59pm on Sunday, April 28 2024, coinciding with the end of the school holidays.

The reminder comes after 111 people lost their lives so far this year, compared to 100 in the same period last year.

Minister for Police and Counter-terrorism Yasmin Catley said police will be highly visible across the state this ANZAC Day weekend.

“Every driver has a responsibility to themselves, their passengers and other road users. Drive responsibly and drive to the conditions to ensure everyone arrives safely at their destination,” she said.

“ANZAC Day is a time to reflect on and commemorate our veterans. I want to thank the NSW Police Force for working around the clock to help keep the community safe this long weekend.”

The high-visibility policing operation will involve general duties officers, assisted by specialist police, including the Public Order and Riot Squad, Operations Support Group, Mounted Unit, PolAir, Licensing Police, Traffic and Highway Patrol Command and Police Transport Command.

Traffic and Highway Patrol Commander, Assistant Commissioner Brett McFadden, said the appeal to road users is to do the right thing before they head out, rather than have regrets when it’s too late.

Police will be targeting high-risk behaviours such as excessive speed, alcohol and drug driving offences, illegal use of mobile phones and not wearing seatbelts.

“The goal is preventing injury and death. Tragically this year, 111 people have died on NSW roads – a concerning increase of 11 deaths compared to this time last year,” he said.

“Speeding is a major contributor to fatal road crashes, and police will take action against road users who think they can speed and put themselves and others at risk.

“A decision to speed could result in a fatality in a split-second. Think about your choices and how they impact you and others around you. Share the road and make sure you arrive to your destination safely.

“We remain committed to ensuring public safety over the ANZAC Day weekend, and we’re asking all motorists to do their part as well – especially as we expect more cars on our roads with school holidays coming to an end.”

Transport for NSW Director of Road Safety Policy, Louise Higgins- Whitton said it was important that all road users obey the rules so everyone makes it home safe.

“Double demerits will be in place for all speeding, seatbelt, mobile phone and motorcycle helmet offences, we want everyone to follow the rules and do the right thing,” Higgins-Whitton said.

“Whether it’s a short trip to the local shops or you’re heading home as school holidays end, please make sure you’re doing everything you can to keep yourself and others safe.

“Simple things everyone can do include wearing a seatbelt, putting the mobile phone away, sticking to the speed limit, ensuring you’re well rested before you set out on your journey and never driving if affected by drugs or alcohol.”

"Clarence Valley Independent" both a victim and another manifestation of the cost-of-living squeeze

 

Greysen Enterprises Pty Ltd and its shareholders, John Warden, Anne Mazzitelli and Melissa Lutton, have decided that the Clarence Valley Independent - published in print and online as a weekly issue - is no longer a free community newspaper.

Over the years the level of journalism has dwindled somewhat in the newspaper and content has been frequently drawn from media releases and also copy supplied by local individuals & special interest groups - with the occasional advertorial thrown into the mix.

However, because of its community-focused articles it remains part of the staple news diet of the Lower Clarence Valley and has been since its inception in 1994 as the Lower Clarence Review.

This local paper will now cost $2 a copy commencing May 2024.

Clarence Valley Independent, 17 April 2024:

More about the changes at the “Independent”

After almost 30 years a ‘free’ newspaper, increasing production, print and transport costs mean the business models of the Clarence Valley Independent can no long absorb the cost of “giving away” the local weekly newspaper.

As of the beginning of May there will be a nominal charge of $2 on the regular Wednesday edition.

We are trying to ensure the outlets at which readers have been able to obtain their copy of the CV Independent are all still available.

Once established under the new pricing structure, a home delivery service will also become available in selected areas; more on this next week.

After the introduction of the paid newspaper, readers will also see changes to the papers format, with more pages and features.

The one thing which will not change is the community contributed aspect of the paper, with all our regular contributors invited to continue their association with the CV Independent. Our deadlines remain unchanged, and we love your contributions and being able to inform the Clarence community of your club or group. In fact, an increase in size of the newspaper should mean more available room for additional contributors.

If you are not already using the pages of the CV Independent, you can email your report to news@cvnews.com.au by 10am each Monday and this is a free community service.

Newspoll April 2024 sees little wind in political parties' sails

 

Federal Primary Voting Intent:

ALP 33 (+1)

L/NP Coalition 38 (+1)

Greens 12 (-1)

One Nation 7 (0)

Other 10 (-1)

Federal Two Party Preferred Prediction:

Click on image to enlarge

ALP 51 (0)

L/NP Coalition 49 (0)

Better Prime Minister:

Click on image to enlarge

Albanese 48 (0)

Dutton 35 (+1)

Net Approval Rating

Anthony Albanese:  -6 (+1) 

Peter Dutton:  -15 (0) 

Newspoll was conducted by YouGov on Monday 15 to Friday 19 April 2024 and survey pool was 1,236

Fight continues over the fate of those parts of Wallum Wetlands in private hands

Wallum Land
IMAGE: Mac Maderski at savewallum.com
 

“You are literally holding a front line between extinction and survival.... We must stand strong together. You are mighty powerful. You are the frontline. You are even bigger than this magic place, Wallum, and together we are going to win this.” [Greens State MP & Northern Rivers resident Susan Higginson addressing the March Against Zombies on 1 March 2024]

Torakina Road, Brunswick Heads NSW, Lot 13 DP 1251383 and environs

Vegetation mapping of Lot 13 DP 1251383 and environs

Echo, 19 April 2024:

The company behind the Wallum housing development in Brunswick Heads is once again taking Byron Council to court, this time for allegedly holding up its planned earthworks at the site in an unlawful manner.

As thousands of locals continue their campaign to save the heathland site from becoming home to 124 housing lots, Clarence Property has lodged an appeal against Council’s ‘deemed refusal’ of its stage 2 subdivision works certificate.

The developer needs Council to issue this certificate, which is essentially a procedural box-ticking exercise, before it can start undertaking bulk earthworks at Wallum.

But the process has been delayed by Council requesting additional information from Clarence about stormwater management, and seeking further consultation with the traditional owners.

The developer is arguing that this delay amounts to a ‘deemed refusal’ of its subdivision works certificate because of the length and nature of the delay, and has lodged an appeal against this refusal in the Land and Environment Court (LEC).

‘An application to the Land & Environment court is an increasingly common approach that Developers look to take in order to preserve their legal rights with local councils,’ Clarence Property CEO, Simon Kennedy told The Echo.

‘It’s not Clarence Property’s preferred approach; however, where a matter becomes protracted or political, it may be the best way to resolve the issue.’

Second court case

It is the second time Clarence has commenced proceedings against Council in the LEC for deemed refusal of a subdivision works certificate in the past three months.

On the first occasion, which related to a construction certificate for ecological rehabilitation works, Clarence halted its action against Council when a slim majority of councillors voted to sign off on the certificate.

The February 8 casting vote by mayor Michael Lyon was supported by councillors Mark Swivel, Asren Pugh and Alan Hunter.

They argued part of the reason for authorising the works certificate was advice provided by Council’s legal team, which suggested that Council had few prospects of successfully defending such a case.

This was largely because the development had already been approved by the Northern Regional Planning Panel.

If Council had chosen to pursue the matter and then lost, they suggested Council could have faced a substantial legal bill that included paying Clarence Property’s legal costs.

However, there is strong support from the Save Wallum campaign, the community and other councillors, to pursue legal action regardless of the likely outcome.

They argue that taking this step could encourage the developer to amend its plans, or at least buy time for other avenues to bear fruit.....

The Wallum site, located next to the Bayside housing estate, is home to multiple threatened species, including the wallum froglet and the wallum sedge frog....

On the morning of Thursday 18 April 2024 at its monthly meeting Byron Shire Council again considered the matter set out below. As of Sunday 20 April the minutes of this meeting have not been published on its website.

BYRON SHIRE COUNCIL

STAFF REPORTS - SUSTAINABLE ENVIRONMENT AND ECONOMY 13.9

Ordinary Meeting Agenda

18 April 2024 page 148

Report No. 13.9 Wallum Subdivision DA10.2021.575.1 -

Response to Council Resolution 23-454 -

Stormwater and Cultural Heritage Site

Inspection Plan

5 Directorate: Sustainable Environment and Economy

Report Author: Chris Larkin, Manager Sustainable Development

File No: I2024/260

Summary:

Council considered a Notice of Motion 9.2 Wallum DA10.2021.575.1 referral and assessment Agenda of Ordinary (Planning) Meeting - Thursday, 12 October 2023 and resolved under Parts 5, 6 and 7 of Resolution 23-454 to receive certain assessments of certain plans, and for those assessments to be reported back to Council.

This report responds to Parts 5(e) and (f) in terms of stormwater maintenance management plan for the existing drain (Condition 12), the Cultural Heritage Inspection Plan (Condition 18), Part 6 in terms of further consultation with the traditional custodians of the land and Part 7 in relation to further stormwater commentary around Condition 11.

The development has been approved in a number of stages. The matters for consideration in this report relates to three of the sixteen conditions relevant to Early Stage 2 Bulk Earthworks.

Based on the assessment below, staff recommend that Council notes the report.

RECOMMENDATION:

That Council notes the report Wallum Subdivision DA 10.2021.575.1 - Response to 25 Council Resolution 23-454 - Stormwater and Cultural Heritage Site Inspection Plan.... 

Put on the spot in state parliament last month the NSW Minister for Planning & Public Spaces Paul Scully pointed to his referral on 10 October 2023 of the question of historical development applications to the NSW Legislative Assembly Committee on Environment and Planning.

The Committee only announced its Inquiry into historical development consents in NSW and called for submissions on 19 March 2024 but makes no mention holding public hearings and is yet to publish any submissions it may have received to date.

This state parliamentary inquiry will do nothing to halt unlisted Clarence Property Corporation Limited - issuer of the PDS for Clarence Property Diversified Investment Trust (formerly Westlawn Property Trust) & Epig Lennox Property Trust - as it continues to swing its wrecking ball through what remains of natural landscapes in coastal areas of the NSW Northern Rivers region.