COMMUNITY GROUPS representing residents and businesses of Belongil and Sunrise are concerned that Byron Shire Council may be turning a blind eye to potential breaches of the LEP, and have placed an advertisement in this week’s Byron Shire Echo outlining their claims.
Under the headline of “Residents outraged at LEP breach”, the groups have claimed that building works by Byron Bay Railroad Company, on behalf of the Elements Resort group and carried out on the Belongil Creek bridge, are in breach of Byron Shire’s own LEP.
“In this LEP, the Belongil Creek is protected by the Environmental Planning and Assessment Act and is zoned W1 ‘Natural Waterways’. Under this, development on the bridge for the purposes of railway uses is prohibited as is the proposed running of the Elements Resort train,” the ad in The Echo reads.
“Concerned residents and businesses are questioning why Mayor Richardson, a Green Party member, and Byron Council appear so tolerant of the Elements group and their disregard for the law protecting our environment?”
The ad then says further concerns were raised last week during a meeting between community group representatives and Elements Resort owner Brian Flannery.
“Mr Flannery stated that the train ‘will run 1 to 4 return trips per hour (as demand requires) between the hours of 7.30 am and 10.30 pm’. This is up to over 100 passes a day, affecting residential and business amenity with wheel, engine and horn noise.”
The advertisement states that “The developer also admitted that ‘if ’ the so called solar conversion was implemented, the train would still have a diesel engine as well as an electric motor.
“For a so called eco resort trading on Byron’s green credentials with a zero emissions target, we believe that this ‘solar train’ should not be referred to as such unless it was in fact 100% solar,” said Paul Belin of the Belongil Action Group Association.
“As residents and business owners we call upon Byron Council to enforce it’s own LEP and environment protection policy. It is a concern that there appears to be exemptions for the Elements group and that precedents will be set regarding future developments in Byron Bay and on our waterways. Please councillors, do not set this precedent for our community.”