Farmers and rural landowners who’ve been fighting Ballina Shire Council and the NSW Government for more than a decade over the imposition of Conservation Zones (C-Zones) have finally won the right to keep their existing rural zoning.

But the sense of relief quickly turned sour.  At the same meeting where councillors ruled in favour of 155 objectors, they also foreshadowed changes to allow second dwellings on rural properties – a concession the “hold-outs” will not be eligible for.

To make matters worse, landholders were told that if they ever wish to make changes requiring approval – or possibly even sell their farms – they will be forced to apply for a rezoning at their own cost.

Council’s Director of Planning and Environment Matthew Wood told the chamber that fees could range from $10,000–20,000 in processing costs, and up to $200,000 if an ecological assessment was required.

“From my perspective, that’s the process working,” Mr Wood said.

 “If a landowner wants to leave things as they are, nothing changes.

“But if they want to pursue a different zone under the 2012 LEP, then the normal planning proposal process and fees would apply.”

Farmers left deflated

A group of around ten determined landholders (main photo), most of whom had spent hundreds of hours poring over state and council planning documents and attending countless meetings, were stunned by the outcome.

What looked like a final victory – keeping their existing rural zoning after more than a decade of battles over Conservation Zones —- quickly soured when they realised the sting in the tail.

As they see it, one unfair process imposed upon them had been replaced with another.

Councillor Phil Meehan fought to exempt the landowners from footing the bill, but his amendment was defeated.

He argued the ruling was inconsistent with the approach taken when the new zoning laws were introduced in 2012, when the costs were absorbed by council.

“This sets up a process where we’re going to charge people simply for not agreeing to a zoning that was forced on them,” Cr Meehan said.

 “The state government started this, not these residents.

“Thirteen years of angst, through no fault of their own, and now we’re lumping them with financial punishment.

“That is appalling.”

Deputy Mayor Damian Loone acknowledged the long fight had taken a toll.

“It’s been 13 years of angst, mental health strain and distress. 

“Today at least brings some progress and lets us move forward,” he said.

Mayor Sharon Cadwallader argued strongly against Cr Meehan’s proposal, saying it would place an “enormous burden” on council’s already stretched planning staff.

“People don’t have to pay for anything if they don’t want to transition.

“But if they choose to seek changes, it’s appropriate that they meet the costs, not ratepayers,” she said.

Landowners say process broken

Outside the chamber, the landholders accused council’s bureaucracy of dragging out the saga and wasting millions of dollars.

Melissa Van Zweitan said the original selection of properties had been “superficial, based on aerial mapping and drive-bys, not robust assessments.”

Rhonda Horn, who travelled from Queensland to support her mother and neighbours at Teven, warned many landholders still don’t even know they are caught up in the zoning dispute.

“Other councils walked away from this, but Ballina Shire has inflicted it on our community.

“There’ll be people out there who don’t even realise yet that their property has been rezoned and the implications this will have,” she said.

While councillors across the chamber praised staff for their persistence, landholders were blunt: frontline planners had tried to help, but senior management had “obfuscated” and prolonged the pain.

“Millions have been wasted,” one said.

“We’d meet with staff, reach agreement, then see a completely different version in the business papers.

“It feels like the bureaucracy runs the show, not our elected representatives.”

Stuck in aspic

The ruling effectively ends the battle, but leaves rural landowners technically stuck –  their properties frozen in planning aspic.

Any attempt to alter land use, or possibly even sell, could now trigger expensive rezoning and assessment costs running into the tens or even hundreds of thousands.

For background on how this long-running saga began, see Ballina News Daily’s

earlier report: E for Embarrassment Zone: Ballina Council Faces Backlash Over Bungled Conservation Planning.