Council Ready to Rumble in Butler Street Court Action
BYRON SHIRE Council is not only ready to defend a recent legal challenge by the Butler Street Community Network (BSCN), but also factored the group’s legal action into Council’s overall construction plan, set to commence in February 2017.
BSCN’s court action seeks to stop the construction of the town centre bypass along Butler Street.
The 1988 Byron Local Environmental Plan identified the best location of the town centre bypass as the Butler Street route, so it’s been well known for almost 30 years.
Council’s legal-eagle, Ralph James, said it was a normal part of the overall process for Council to have considered various bypass routes over the years.
“The Butler Street option results in Council full ownership of the project because Council already owns everything along the route – lock, stock and barrel,” summarises what he said.
BSCN’s preferred option is to use the rail corridor, but the rail corridor isn’t owned by Council.
There’s no way Council would contemplate committing ratepayer or taxpayer funds to such a significant project on land that it does not own.
The Butler Street option is the designated route and is supported by the independent planning umpire (JRPP).
State government funding is in hand and the appointed construction authority will be the Roads and Maritime Service.
The matter is currently listed in the Land and Environment Court on August 29, 2016.