Mullumbimby Action Group -> latestnews -> byrons68

Stopping Woolworths: Your Support is Vital Now!!

Garry Scott points to the proposed Woolworths site in mullumbimby

Tell your councillors that Byron Shire Council needs to be brave.

Surely Council would feel much happier taking on an appeal by Woolworths in the Land and Environment court, with support from the community, rather than Council facing a challenge by the community if they approve this unsound application. Your action is needed now

BSC Councillors need to hear that the community thinks it is ludicrous on such a wet urban site that WWs is proposing an onsite sewage system. Our Councillors need your support and encouragement as no other authority has yet had the courage to say ‘no’ to Woolworths

MCAN has sent this letter to council and councillors. Please feel free to copy and or  send your own version.

Dear Mayor, Councillors, General Manager and Director of Planning

MCAN understands that Woolworths’ s68 application is still under consideration by BSC, and that Council staff have asked for more information to be supplied by the applicant. This was the response we heard so many times from the NSW Planning Dept when the s96 Application was in their hands.

What is going on? Does our Council not have the courage to refuse Woolworths’ application as it stands, as it would any other applicant? Anyone in the industry locally knows the site is totally unsuitable for onsite wastewater disposal of any kind, let alone that from a 2500sqm supermarket.

See also Deborah Lilly's Letter Here

Section 89 of the LG Act sets out what Council must take into account, when considering an

application for approval. It states:

89 Matters for consideration

(1) In determining an application, the council:

(a) must not approve the application if the activity or the carrying out of the activity for which

approval is sought would not comply with the requirements of any relevant regulation, and

(b) must take into consideration any criteria in a local policy adopted under Part 3 by the

council which are relevant to the subject-matter of the application, and

(c) must take into consideration the principles of ecologically sustainable development.

As stated by the LG Act, BSC cannot approve an onsite sewage system that would not comply with the requirements of any relevant regulation. Every attempt to make this onsite design comply with Council’s own Design Guidelines for Onsite Sewage Management has failed. It could not even meet the less onerous AS/NZS 1547:2000 requirements.

As stated by LG Act, BSC must take into consideration any criteria in a local policy. BSC Policy 5.59 On Site Sewage Management Systems in Urban Areas: this policy very clearly prohibits the use of holding tanks or pump-out within the sewered urban areas of the Shire.

No matter how highly treated or reduced any effluent might be, there are very long periods months that this site’s soil is totally water-logged and totally incapable of safely receiving even highly treated effluent. This is an urban site and BSC policy and NSW Guidelines require considerable buffers distances to waterways, watertables, buildings and pathways and public usage areas. Any proposed onsite system on this site would contravene BSC and NSW buffer distance requirements.

Refusal of the s68 could be very clearly defended in the Land and Environment Court as no onsite systems exist that could provide for the adequate protection of public health or the environment on such a poorly suited site.

Surely Council would feel much happier taking on an appeal by Woolworths in the Land and Environment court, with support from the community, rather than Council facing a challenge by the community if they approve this  unsound application. "

The facts are simple, BSC can not approve an onsite waste water system of any sort on such a water logged, low flood prone urban site, nor can they approve a system that relies on the transport of effluent off the site. To do so would clearly contravene both BSC onsite sewage management policy and NSW guidelines.

The number of attempts to provide both NSW Planning and now BSC “more information” to justify the on-site application has reached the point of absurdity. It appears to us that BSC like NSW Planning does not have the courage to stand in Woolworths way although they clearly have the means.

This community will be enraged should Woolworths be given a s68 approval on such a site. If BSC grants such an approval, a precedent will be set of favourable/non-compliant treatment that all other s68 applicants will rightly then expect.

We do hope BSC will treat Woolworths as it would any other s68 applicant and refuse this application that clearly contravenes BSC requirements for onsite sewage management.

and