North Byron Parklands - Cultural Events Site

Conservation Of North Ocean Shores Inc. PO Box 828 Billinudgel NSW 2483
Planning Services Department of Planning and Environment Attention:
Director - Industry Assessments North Byron Parklands Cultural Events
Site re: Application No: SSD 8169 and MP 09_0028 MOD 3 (Concept Plan)
Conservation of North Ocean Shores Inc. (CONOS) has outlined some
points of objection below. CONOS intends to address these points in
more detail in our main submission which will be lodged by Friday 2
March 2018 as advised by the Department. CONOS objects to the
proponent's development proposal (SSD 8169) for a permanent approval
to operate a Cultural Events Site at North Byron Parklands, Yelgun and
also objects to the modification of Concept Plan MP 09_0028 MOD 3.
------------------ Conservation of North Ocean Shores was established
in 1992. The group's main objective has been to protect the natural
and cultural values of the lowland coastal ecological communities in
the north of Byron Shire. CONOS was instrumental in the establishment
of the Marshalls Creek & Billinudgel Nature Reserves. There are over
50 Threatened Species recorded for the Billinudgel Nature Reserve and
surrounding lands. Additionally, there are several Ecological
Endangered Communities, a regionally significant wildlife corridor and
a precinct rich in Aboriginal Cultural Heritage. The SSD application
for a permanent festival site, with roads and permanent infrastructure
catering for 35,000-50,000 patrons now places all this at risk. The
development proposal is contrary to the intent of a wildlife corridor.
1. Baseline data for the required ecological monitoring were not
properly established as the original consent conditions required in
terms of following standard procedures and protocols. Data collected
inconsistently before the 2012 approval do not lend themselves to be
used as baseline data, and the data later identified as baseline do
not meet the relevant Statement of Commitments that form part of the
PAC approval. 2. Condition C20 of the original PAC approval required
Key Performance Indicators for ecological monitoring, and each
modification thereafter retained this requirement. However, KPIs were
not in place in 2013 or 2014. With the help of the OEH, KPIs were
established in 2015, but they were never implemented. Parklands'
performance reports also do not refer to KPIs in discussing impacts.
The Biodiversity Assessment Report (Appendix N) also makes no mention
of KPIs, except for those that will be set in future in relation to
proposed increases in attendance numbers. 3. The Biodiversity
Assessment Report (Appendix N) focuses on impacts related to events,
not impacts related to the operation of the project. But a full
picture of ecological impacts must consider the full operation of the
project, which included the severing of the Wildlife Corridor, road
building, significant earthworks, and other infrastructure work both
before and after the first event, along with the individual and
cumulative impacts of events. 4. The Department has not been
overseeing the ecological monitoring with enough rigour to ensure that
an effective program has been designed and implemented. No compliance
actions have been taken in the face of numerous breaches of the
conditions associated with ecological monitoring. In the absence of an
effective program, the only conclusion that can be reasonably drawn is
that it's not possible to tell if the project has had adverse impacts.
5. Parklands has not provided raw ecological monitoring data through
the years and has presented information in inconsistent and confusing
ways. Since the process has not been transparent and clear, it cannot
be readily evaluated independently, and performance with regard to
protecting sensitive ecology cannot be assumed to have been
satisfactory. 6. The many impacts of significant human intrusion
resulting from the festivals have not been addressed by the ecological
monitoring program. The monitoring has focused on counting numbers of
various species but has not assessed other effects, such as those
noted by Benwell & Scotts (2010). It is not clear if the Benwell &
Scotts study has ever been considered in assessing impacts, despite
the relevance of that study to this development. 7. As many have noted
since 2010, the use of this land for mega festivals is not compatible
with the ecologically sensitive Wildlife Corridor and Nature Reserve
in the immediate proximity or with the quiet, rural residential areas
that surround the site. 8. The Part 3A process led to this development
being forced on the shire in 2012, despite strong Council objections
and objections from the local community. CONOS supports the PAC
statement, that a new application should be lodged with Council for
events to continue after the Trial finishes in 2017. (PAC
Determination 2012) 9. The North Byron Parklands site straddles 2
Catchments, Yelgun Catchment to the south of the Jones Road ridgeline
and the Crabbes Creek Catchment to the north. The event area is
located on a floodplain with underlying deposits of peat. SEPP 14
Wetlands The car park in the Yelgun Catchment adjoins SEPP 14 (No.
57). CONOS notes that there will be approx. 2,249 cars parked in the
southern car park during a 35,000 patron event. In a 50,000 patron
event, however, the southern car park would accommodate up to 7,040
cars. Molino Stewart estimates initial evacuation of the southern car
park to be 3.5 hours. In the Flood Risk Management Plan 2017 (App.K)
pg. 16, Molino Stewart predicts that in a 1 in 5 chance per year that
"cars in more than 0.3m of water could begin to float." In a 1 in 50
chance per year he states that "any cars left in these areas would
float, and in a 1 in 100 chance per year "Most of the flooded parts of
the site would be unsafe for vehicles or pedestrians." All waters in
the Yelgun Catchment flow east. Therefore, any flood effected vehicles
will float east with associated pollutants contaminating the Yelgun
Creek and the SEPP 14 wetlands. 10. There have been numerous sightings
and calls of Koala reported over the past five years (2013-2017) along
the Marshalls Ridge (Jones Road) wildlife corridor. The BAR includes a
report titled `SEPP 44 - Koala Monitoring Report' undertaken by
biolink ecological consultants, dated September 2016. As this Koala
report has not been updated for approx.18 months it cannot be
considered to reflect the current Wildlife Atlas records. A major
omission. 11. Conservation of North Ocean Shores Inc. v Byron Shire
Council & Ors NSW LEC, 2009 Conservation of North Ocean Shores Inc.
(CONOS) challenged the development consent granted by Byron Shire
Council (Council) in 2008 to Splendour in the Grass to develop land
for holding the Splendour in the Grass music festival, as a trial and
one-off event. The Court found that the development a `place of
assembly' was prohibited in a 7(k) Habitat zone. The Court ruled that
the development consent was `invalid and of no effect'. 12. The plans
for treating sewage on site are still a work in progress, according to
the EIS, Appendix R details a number of "moderate" and "major"
constraints of both of the proposed Effluent Management Areas,
indicating uncertainty about how well these areas will function as
they are proposed to be used. The amount of rainfall, often
accompanied by flooding, pose "moderate to major" constraints of both
EMAs. We note that Parklands is unable to control the climate and that
climate change could well mean increases in both frequency and amounts
of rain in future. Other features of the EMAs also pose significant
constraints to the proposed plans.

These festivals damage the local environment, the local culture, and the
economy. The only reason these kids can spend money in the festivals
is because they aren't spending it elsewhere. They have limited
budgets. They save up their festival money by not buying other stuff.
This is not economic growth. This is big business getting the nod from
their mates in government to plunder the regional economy on terms not
available to anyone else. The festivals can: operate on a floodplain
sell liquor where and when they choose thumb their noses at local
councils fart in the general direction of local communities. No other
business gets the preferential treatment they get. And all they pay is
rural rates, as if it was a farm. The hotel where I work shelved plans
for a $12m renovation because of these festivals. They no longer hire
people like they used to. It's an environmental and economic disaster.
I have seen a report showing some of the losses in the region. It is
attached.

A more detailed submission will follow by the agreed date 2nd March 2018

Refer to the attached submission

My key submission is in support of allowing North Byron Parklands to
become a permanent Cultural Events Site and further to express that
the proposed limit of 5x days of Community Events (up to 5000 patrons)
and 2x Minor Community Events, should be greatly extended to provide a
venue for many more Community and Minor Community Events each year. As
an independent contractor, I have managed a small arts and music stage
at Splendour In The Grass since 2005 and have employed hundreds of
local artists and crew in that time. To many of these local artists,
Splendour has become a paramount opportunity to feature their art on a
national platform, amongst some of their most recognizable peers, that
is the international arts and music community and to massively
increase their audience. These local artists, produce music, art and
performances that reflect the visionary society that all of us here
are attempting to create. There is no greater joy than seeing these
young people realise their creative potential amongst a receptive
audience. Many of the young people I have worked with at Splendour and
other local events, have gone on to further careers in the
entertainment industry and I believe it's vitally important that we
continue to create opportunities for local youth to lead creative and
financially viable lives. Granting permanency to North Byron Parklands
to host events like this will contribute greatly to these aims.
Regarding the number of Community and Minor Community Events in the
current proposal, please consider increasing the number of days these
can occur. Several years ago, our local primary school at Ocean
Shores, proposed holding its annual Cross Country running event at the
Parklands, rather than having to run on concrete and across several
roads to complete the event within Ocean Shores itself. Surely in the
north of the Shire, low impact activities of this kind should be
carried out in a safe and suitable environment and I believe the
Parklands site, meets this criterion. With a range of healthy and
sporting pursuits and its culturally rich and creative community,
Byron Shire deserves to have a suitable venue for Minor Community
Events and it is my belief that a limit of 2x Days of such events, is
clearly not enough. Currently there is no suitable venue for Community
Events of up to 5000 people, without the need for Development
Approvals and costly infrastructure. This point highlights the
importance of the North Byron Parklands for future community use. For
any community group, or any small event, the cost of obtaining
Development Approval, meeting all compliance requirements and the
massive cost of suitable infrastructure are majorly prohibitive
factors in producing an event. Outdoor events, require infrastructure
in the way of fences, toilets, water supply, parking, traffic
management, waste management, fire fighting facilities, site lighting
and so on. The cost of compliant infrastructure, accompanied by costs
that may include: speakers, displays, artists, production, staging,
marquees, transport, management, crews, catering, insurance and
marketing actually make it very difficult for a Community or
independent - small event to survive beyond or even through one show.
This is easily illustrated in the number of start-up events that have
come and gone from the region in the last couple of decades. A limit
on 5x Days of Community Events at NBP, is clearly not enough, given
the potential and already existing events of this size and nature,
calling out for a venue. With an approved, Community Event Management
Plan in place, the North Byron Parklands will certainly make a
suitable home for many existing and new Community events. For Minor
Community Events of up to 1500 or Community Events of up to 5000
people; onsite amenities, including toilets and showers, water supply,
internal parking and traffic arrangements and existing event equipment
will massively support the chances of such events succeeding. An
increase in the number of allowable Community Events at NBP, would
hopefully enable NBP to further reduce any costs associated with these
events, therefore increasing the potential success of such events.
Byron Shire Council has done a great deal to ensure that local events
are safe and attend to the changing parameters of social and community
amenity. While it is promising that there are increasing opportunities
for sporting facilities in the Shire, surely it is now time to embrace
the diverse creative possibility within our unique environmental and
social heritage. Any support for Community celebrations and activities
is a much needed and valid sustainable practice that will support
youth employment and a viable service and tourist industry, all the
while increasing our cultural value. It is my sincere hope that North
Byron Parklands will be granted permanency and be able to continue to
host its larger events and an increased number of small events and
therefore make a further contribution to our broad cultural life.

Please see attached

Submission - Proposed North Byron Parklands Cultural Event Site (SSD
8169) I submit that Parklands should not be granted approval to
operate further events at the above site and should find another site
upon which to conduct their activities for the following reasons:- The
social and ecological impacts of festivals at Parklands are
unacceptable with excessive noise, traffic, trash, trespass, illegal
camping and anti-social behaviour in the residential neighbourhoods
near the site. Flooding / Stormwater / Potential loss of life: The
severe impacts and loss of life associated with the recent unexpected
storm and flooding events in Murwillumbah and Lismore are testament to
the unpredictability of extreme storm events now effecting our region.
These are expected to become even more severe and unpredictable due to
climate change. The effectiveness of the Flood Risk Management Plan
relies too much on the early evacuation of patrons from the site. For
this reason and due to the unpredictability in the severity of storm
events, the site should not be used for large or medium cultural
events during Spring and Summer.. The NSW Police report (11 January
2017) details numerous issues relating to safety and security on the
Parklands site and in the areas around it. The Tweed / Byron Police
Force cannot provide the level of response needed to ensure the safety
of the local community as well as the safety of festival patrons at
current trial crowd levels. The proposed number of patrons allowed at
the events is too great to be able to provide effective emergency
evacuation of the site. It appears that volunteers, performers and
workers have not been taken into account when assessing impacts and
evacuation planning for the site. This needs to be addressed prior to
consideration being given to the application. Pollution: Pollutant
traps are inadequate as trials have identified large amounts of
rubbish found at the site. This rubbish can escape the site during
storm and flood events. Patrons, their possessions and their rubbish
should be removed from flooding and low lying areas. This will not be
practical as early evacuation is necessary. For this reason the site
should not be used for events during the spring and summer rain
season. Noise: I can hear music from the festivals where I live in
Pottsville 8.5 km from the site (video footage available on request).
This problem has persisted throughout the five-year trial period and
has had a severe adverse impact on the amenity of local residents.
Noise levels will be much higher than those at the trial events. Noise
monitoring was not adequate during trial events Trial events have not
tested the effects of the forecasted increase in patronage and the
consequences are unknown. Therefore the application for use of the
site for permanent cultural events should not be granted. Compliance
conditions are unlikely to be fulfilled as the event grows in size.
Ongoing community concerns were identified during trial events. There
may be legal ramifications as a result of noise levels should new
owners purchase the properties adjacent to the site. . An independent
peer review should be undertaken to assess predicted noise levels.
Endangered Species: The local koala population east of the Pacific
Highway between the Brunswick and Tweed Rivers is listed as an
Endangered Local Population under the Threatened Species Conservation
Act 1995. Koalas are now known to reside in the bushland adjacent to
the Parklands site (refer NSW Bionet Atlas). There is a wildlife
overpass over the Pacific Highway in very close proximity to the
Parklands site. The crossing is there to provide a link from the
bushland surrounding the Parklands site to wildlife corridors west of
the highway. It is essential that this link is effective in providing
connectivity to the western corridors for koala movement in order to
enhance gene diversity in the Tweed / Brunswick endangered local koala
population. Lack of gene diversity in koala populations causes
inbreeding leading to high incidence of disease and death. Increased
traffic on Tweed Valley Way will severely increase the potential of
koala death due to vehicle strike where it crosses the wildlife
corridor immediately adjacent to the wildlife overpass over the
Pacific Highway. I submit that environmental impacts associated with
the festival site have a strong likelihood to compromise the
effectiveness of the wildlife overpass. Koala expert Dr Steve Phillips
has published a paper titled Aversive behaviour by koalas
(Phascolarctos cinereus) during the course of a music festival in
northern New South Wales, Australia (see attached including supporting
documentation). The findings of this study should be taken into
consideration. Section 94A of the TSC Act and s. 220ZZA of the FM Act
provide that the Minister for Climate Change, Environment and Water
and the Minister for Primary Industries, with the concurrence of the
Minister for Planning, may prepare assessment guidelines to assist in
the interpretation and application of the factors of assessment. These
guidelines have been prepared to help applicants/proponents of a
development or activity with interpreting and applying the factors of
assessment. The aim of the guidelines is to help ensure that a
consistent and systematic approach is taken when determining whether
an action, development or activity is likely to significantly affect
threatened species, populations or ecological communities, or their
habitats either directly or indirectly. It is clear that it is very
difficult to forecast the cumulative impacts of events of the kind
conducted at the Parklands site on the ecology of the area. The
Threatened Species Guidelines state: Application of the precautionary
principle requires that a lack of scientific certainty about the
potential impacts of an action does not itself justify a decision that
the action is not likely to have a significant impact. Considering the
Endangered status of koalas in the local area and based on the
findings of Dr Phillips' study and the assessment guidelines, I submit
that no further festivals should be conducted at the North Byron
Parklands site in order to ensure that there is no significant impact
on the local koala population. Traffic: The Environmental Impact
Statement contradicts itself by defining the use of the access road
onto Wooyung Road as both an Emergency Access Road and an access road
to service the Tweed Coast catchment. Wooyung Road is subject to
flooding and can't be relied on for an emergency access. The use of
postcodes to estimate traffic generation for Gate E is flawed. Traffic
from other areas outside the region will use Gate E if other gates are
clogged with traffic and it is unacceptable to assume that the
associated camping area will be used only by local residents. These
matters need to be factored into the traffic assessment and Traffic
Management Plan . The Traffic Assessment does not provide enough
information on road upgrades needed as a result of Gate E or its
effects on coastal roads. Impacts of shuttle bus services to the site
on Coastal Community traffic networks need to be assessed.

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[REDACTED] Attention: Director - Industry Assessments Application No: SSD
8169 and MP 09_0028 MOD 3 (Concept Plan) We wish to thank the
Department for the two week extension bringing the close of
submissions to 2 March 2018. We have outlined relevant points below
and will elaborate in more detail our reasons for objection in our
final submission. We object to the North Byron Parklands proposal for
a permanent events site. As immediate neighbours to the North Byron
Parklands Site, we object to the proposal for a permanent events site
(SSD) because of the impact it has on neighbours' health and safety,
the surrounding environment and the community at large. Parklands have
not resolved their requirement to mitigate our home against festival
noise as required by the 2012 Project Approval, nor have they resolved
the insidious impacts the festivals are having on our health & safety.
This has been a long drawn out issue over the past 5 years and one
that Parklands need to resolve before the end of the Trial.
Introduction We are the owners of a small [REDACTED] property on
[REDACTED] , Yelgun, NSW and identified in the North Byron Parklands
(NBP) Project Approval as Sensitive Receiver [REDACTED] . We have
lived here for [REDACTED] and adjoin the festival site. Our property
is located approx. [REDACTED] from the Parklands campground. 1.
Attenuation - Sensitive Receiver [REDACTED] 2. Noise 3. Non-compliance
4. Environmental Health and Safety 5. SEARS (SSD) * Key Issues *
strategic context * traffic and access * social Impacts * bushfire
Impacts * flooding and Incident management * noise & vibration * waste
* amenity * soil & water 6. Permanent Approval -----------------------

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