Council’s 14-year biodiversity battle with farmers continues
Share This Story, Choose Your Platform!
Landowners say proposed rules go further than expected despite last year’s compromise
Ballina Shire Council’s 14-year biodiversity planning saga has hit another hurdle after councillors voted to send proposed new development controls back to the community for further consultation.
In a 6-2 decision, councillors rejected a recommendation from council staff to adopt the draft Biodiversity and Habitat Management chapter of the Development Control Plan (DCP), instead directing officers to revise the document and undertake another round of public consultation before it returns to council.
The proposed chapter does not create new environmental laws but provides guidance on how biodiversity is considered when assessing development applications and land management activities. Landowners fear some of the proposed controls could increase costs and require additional ecological assessments for routine work on rural properties.
The decision at council’s July meeting marks the latest chapter in a planning process that has stretched back to 2012. Council believed it had finally resolved one of its most divisive planning disputes in April last year when it agreed to carve out a number of objecting rural properties from the controversial conservation zone mapping and work directly with affected landholders.
However, Meerschaum Vale landowner Paul Reilly told councillors the latest draft DCP had reignited concerns among rural property owners, who believed the final document went much further than they had expected following last year’s compromise.
“It shouldn’t be the responsibility of individual landowners to constantly monitor Council planning processes just to protect the use of their properties,” Mr Reilly said.
“We don’t oppose protecting biodiversity and recognise that preserving the natural environment is beneficial to the whole community.
“But we believe there has to be a balance between environmental protection and the rights of landowners to continue managing productive agricultural land without unnecessary cost, regulatory complexity and uncertainty in their business models.”
Mr Reilly said many landholders had only recently become aware of the proposal and were concerned it could require costly ecological assessments for routine work on farm infrastructure such as dams, drains and windbreaks.
Councillors question final draft
The successful motion was moved by Cr Simon Kinny, who said the document presented to councillors contained significant changes that warranted another look before being adopted.
“I printed out this new policy. I had a look. There are a whole lot of things in it which I don’t believe are part of what we’ve had previous discussions about,” Cr Kinny said.
He questioned proposed biodiversity “red” and “amber” flagging, ecological setback distances and the practical impact on farmers, saying the policy had “gone far too far” in several areas.
“I think the whole policy should go out for further public consultation,” he said.
Mayor Sharon Cadwallader
Mayor Sharon Cadwallader said the earlier conservation planning controversy suggested more engagement with rural communities was needed.
“If we go back to previous things that have impacted landowners, this gallery would have been packed to the brim,” she said.
“That tells me people are not aware of this policy and therefore we need to do more.”
Cr Damian Loone also backed the delay, saying councillors had a responsibility to protect farming businesses while balancing environmental outcomes.
“Our landowners and our farmers are the lifeblood of this country,” he said.
“There is going to be more expense … we should consult with the community on a professional level where we can listen to their concerns, both for and against.”
Council’s Director of Planning, Matthew Wood, advised that another exhibition process, consideration of submissions and preparation of a further report would likely take three to four months before the matter returned to councillors.
Calls to press ahead
Greens Party Councillors Erin Karsten and Kiri Dicker opposed delaying the policy, arguing it had already undergone extensive work and public consultation.
Cr Karsten said the chapter was evidence-based and necessary to protect biodiversity at a time when vegetation clearing continued to increase across New South Wales.
She said Ballina Shire had the lowest percentage of native vegetation of any Northern Rivers council and warned delaying the policy would do little to address ongoing habitat loss.
Cr Dicker argued the policy was unrelated to last year’s conservation zoning dispute and had been developed to provide greater clarity around biodiversity management.
However, the majority of councillors ultimately sided with rural landowners, voting to reject the draft chapter in its current form and send it back for further refinement and another round of community consultation before considering it again.
Cr Erin Karsten
