NEWSLETTER NO: 17

SYDNEY MORNING HERALD printed an article about Mullumbimby, the demo and our campaign on Sat 26 July. Taking almost a full page, the informative article by local journalist Kate Hamilton gave the background to the Wws proposal as well as a fantastic picture of marchers at the recent demo, with plenty of colour & placards. View article on-line (no picture) http://www.smh.com.au/news/national/a-big-box-comes-knocking/2008/07/25/1216492732938.html?page=fullpage#contentSwap2

THE MULLUM DVD made by Jane Swallow and Gene Kulic recently, is currently being sent to Frank Sartor “Private and Confidential”. We will be getting it on our website soon and more copies will soon be available at Eden’s Landing veg shop (Stuart St) for a donation of say $5 each. It’s a delightful squizz at Mullum and features local speakers – just the thing to send to your family OS.

BYRON WOOL LIES to the rear and north and south Plaza is, according to the Tidy Town Crew, the most rubbished area of the whole town. Similar story is mentioned on P14 of Byron Shire News.

ORANGE ROUGHY (endangered fish) is apparently on sale there.

MALENY WW – story and pics on WW visibility due to last of bamboo coming out is now online: >> http://www.malenyvoice.com/

QUESTIONS POSED BY IAN COHEN TO FRANK SARTOR IN PARLIAMENT:
(Answers are following the questions: coloured type is not available in this format)
Mr Cohen to the Treasurer, Minister for Infrastructure, and Minister for the Hunter representing the Minister for Planning, Minister for Redfern Waterloo, Minister for the Arts
1. Were you the consenting authority for the 2 Stage Development of the 2,500 square metre Station Street supermarket on railway land surrounded by residential land in 2006 under SEPP 8 Surplus Public Land? Yes.
2. Were you aware that this proposal contravened the Mullumbimby Settlement Strategy adopted by Byron Shire Council to not allow any stand alone supermarkets? I am advised by the Department of Planning that the approved development does not contravene the Mullumbimby Settlement Strategy 2003.
3. Were you aware of the Byron Shire Council's ("BSC") moratorium on new connections to the sewerage system in the Mullumbimby and Brunswick Head shires when the DA was given? Yes.
4. Was the reason for the approval of the two staged development so as to allow sufficient land to be available for an on-site waste water system? Yes.
5. Are you aware that Woolworths have purchased that DA and that the current S96 is an attempt to circumvent the existing moratorium on new sewage connections in the Mullumbimby and Brunswick catchments as imposed by BSC? I am advised that Woolworths Limited has purchased the land to which the development consent applies. The amendments to the development consent proposed by the current section 96 application will be assessed on their merits.
6. Does BSC maintain this moratorium in the Mullumbimby and Brunswick Head shires due to deemed over-load and that there is no estimated project completion date for sewer infrastructure upgrades to allow new connections? This question should be directed to Byron Shire Council.
7. Are you aware that no contracts have been entered into and that there is no final price or completion date for work secured for the STP? Yes.
8. What measures will the Minister take to ensure and verify all information submitted to the Department of Planning by Woolworths or associated proponents in relation to its Section 96 Modification Application is correct? I have asked the Department of Planning to assess this application rigorously. The Department is currently assessing the merits of the proposed modification in consultation with a range of agencies, including Byron Shire Council.
9. What is the veracity of information produced by the proponent considering the proponent made a representation to BSC notating on a document that 1800 sqm would be set aside for on-site sewerage, when in fact it is only 180sqm? The veracity of the information provided with the application will be subjected to a rigorous merit assessment.
10. Are you aware that a Section 96 Modification currently before the Department of Planning requests the approval of a 2,500 square metre building without an interim connection to sewer being available? The Department of Planning has advised that initially the application proposed an interim connection to reticulated sewer. However, amended plans have been lodged with the Department of Planning that propose on-site effluent disposal.
11. If permission is given to build the full Stage 2 building without connection to the sewer, how can you be confident that a sufficient on-site sewerage facility can be effectively operated on the 180 sqm set aside for the on-site facility which contravenes the NSW Governments own guidelines for on-site sewage management ? I am advised that the applicant has lodged amended plans with the Department of Planning that now propose on-site effluent disposal. The proposed on-site system will be subjected to a rigorous merit assessment prior to determination of the application.
12. Do calculations using the guidelines indicate that 2700sqm is required? These calculations will be made during the assessment of the application.
13. Will you seek expert advice from Byron Shire Council regarding the feasibility of this? Yes.
1. If not, why not?
14. What recourse will citizens of Mullumbimby have and what processes will be undertaken if approval is given for the Section 96 Modification and an adequate onsite sewerage facility cannot be operated? Appeal rights, if applicable, are determined under the Environmental Planning and Assessment Act 1979 and the Environmental Planning and Assessment Regulation 2000. The proposed amendments to the development consent relating to the provision of sewerage services to the site will be rigorously assessed prior to determination of the application.
15. In respect to the lack of any viable current sewage management option for the Woolworths S96 proposal for a 2500sqm store, how could the application before the Minister meet the criteria of a S96 in that it must be substantially the same development as granted in the original DA? The sewage management system proposed for the site will be rigorously assessed prior to determination of the application.

The Minister is wrong in his answer to q2 as the Mullumbimby Settlement Strategy 2003 clearly states “NO STAND-ALONE SHOPPING CENTRE WILL BE PERMITTED” on page 17 under “Mullumbimby Town Centre” and this is quoted by Mayor Jan Barham in Stateline item 27.6.08 http://www.byron.nsw.gov.au/pdfs/pub_comm_plan/settlement_strategies/Mullumbimby_Settlement_Strategy.pdf