Ballina Shire Council (BSC) has once again voted to uphold its contentious retrospective approval of livestock holding yards at the Alstonville Showground, despite community backlash, procedural concerns, and fierce debate among councillors.

At its April meeting, BSC revisited the issue after a rescission motion was lodged by Greens-aligned councillors, challenging the approval given at the previously monthly meeting. That earlier vote only passed after Mayor Sharon Cadwallader used her casting vote in favour, backed by a staff recommendation that the amended application met planning requirements.

A key factor in the mayor’s decision to again break the deadlock and reject the rescission motion was her concern about the potential legal costs to ratepayers if the matter were dragged into court for a second time.

“If we start mucking around and rescind this, we will end up in the Land and Environment Court,” Mayor Cadwallader warned. “I don’t have to tell you, councillors, what our legal bill is now. We’ve had to find extra money, and we’re breathing down the barrel of a special rate variation just to meet some of these costs.”

She stressed that council staff were confident in the legality of the revised application, and that further legal challenges would not only be costly but likely unsuccessful. “I’m not going to waste ratepayers’ money on a case we can’t win. Staff have said it meets the assessment criteria. That’s due process, and we have a responsibility to follow it.”

The holding pens, which had been built without prior consent, have become a flashpoint for community concern. In response to the unauthorised construction, council staff worked with the Alstonville Agricultural Society (AAS) to amend the application. The revised plan includes the demolition of a row of pens, the addition of a vegetative buffer, and tighter operating conditions.

Independent councillors noted continued engagement with stakeholders between meetings to address resident concerns. Cr Eva Ramsey presented a letter from the AAS confirming a commitment to fund and install a 1.8-metre-high timber fence along the northern boundary, pending agreement from neighbouring property owners.

“This responds directly to one of the residents’ main concerns,” Cr Ramsey said, describing it as a goodwill gesture beyond the formal planning requirements.

Cr Michelle Bailey said the revised conditions had adequately addressed the objections. “The holding yards will support local agriculture, accommodate up to 30 horses, and boost the rural economy,” she said.

“Noise, odour, and dust concerns have been mitigated, and the yards are now limited to horse use only. We’ve strengthened environmental and residential protections.”

But Greens councillors remained opposed, with Cr Simon Chate criticising the process as deeply flawed.

“We’re setting a dangerous precedent,” he said. “This development was built unlawfully, and now we’re back-engineering an approval. What message does that send? That regulations are optional?”

Cr Chate urged councillors to uphold an earlier demolition order previously supported by the Land and Environment Court, calling for consistency and fairness in planning decisions.

Despite his arguments, Mayor Cadwallader reaffirmed her position that the risk of losing in court and incurring significant costs was too high.

“This isn’t about rewarding the Agricultural Society—it’s about protecting ratepayers from unnecessary legal battles,” she said.

“We’ve seen the application revised, conditions improved, and buffers added. It’s not year-round use; it’s limited, and it serves the wider community,” Cr Cadwallader said.

A letter from the AAS, tabled at the meeting, outlined plans to work collaboratively with neighbours and further enhance the buffer zone through landscaping and fencing.

In the end, the council maintained its March decision, leaving the development approved and the rescission motion defeated.

Read about how this came to a head, just before the council meeting here: Doing the Hard Yards – Alstonville stockyard stoush returns to council