Lyn Jablonski
30 August 2023, 9:20 PM
Updated 1/09/2023
The motorbike track already built at Backwater Road Narromine holding has been approved at Narromine Shire Council’s August Meeting, despite a recommendation to reject the Development Application (DA) by Council staff and independent consultants.
According to Mayor Craig Davies, this decision could effectively set the Council back dramatically on any development of subdivisions in the near future.
Mayor Davies said that on two occasions, he offered assistance to the applicant through the Council to look for a suitable area for a motorbike track and to help find some funding to build it.
These offers, which could have seen a motorbike track built for adults and children and may have brought financial benefits to the Narromine Shire, were not responded to.
The vote against the staff recommendation ignored the warning of Mayor Davies, at the June 2023 Council meeting, where he specifically explained to councillors that there could be legal complications for them if they did not abide by recommendations made by staff and relevant consultants.
The first DA was lodged in February 2021 after the bike track had been constructed.
The second pre-lodgement for a new DA was lodged in November 2022. Following communications between the Council and the applicant, Luke Harding, the DA was presented again at the latest meeting.
Along with the DA, council were presented with recommendations made by Council staff and independent consultants that this DA be refused.
Four Narromine Councillors, Lachlan Roberts, Les Lambert, Diane Beaumont and Casey Forrester voted against the recommendations of Council staff and independent consultants - a majority vote to reject the DA.
Three Councillors, Craig Davies, Ewen Jones and Adine Hoey voted in favour of the recommendation. Cr Dawn Collins declared a pecuniary interest and left the meeting prior to the discussion and voting on the proposal.
Councillor Roberts, who supports the motorbike track, declared a non-pecuniary interest in the DA as he is an ‘acquaintance’ of the applicant. It was Cr Roberts’ choice not to leave the room when the DA was being discussed and voted on.
The definition of a non-pecuniary interest is “a private or personal interest a person has that does not amount to a pecuniary interest, but that may arise from family or personal relationships, involvement in the community, social or other cultural groups that may include an interest of a financial nature”.
Despite communications between the Council and the applicant, Luke Harding, since the second DA was lodged in November last year, Council staff – backed by independent consultants - recommended that this DA be refused on the same and additional grounds as the first.
These include:
1. development of the bike track is not consistent with the zone objectives
2. inconsistent with the Council's land use strategy
3. non-compliance with the development standards
4. the applicant did not demonstrate a suitable stormwater management solution
5. the applicant did not prove that noise impacts can be satisfactorily managed
6. the applicant did not demonstrate the proposed use can operate on the site satisfactorily.
Although initial approval was granted, the final DA consent is subject to a further report being presented to the Council to set the conditions of the approval.
Western Plains App asked the Director of Community and Economic Development Phil Johnston, how the Council would police these conditions; he replied, in part via email: ‘Any enforcement action taken by Council will depend on the full circumstances and facts of each case and is proportional to the assessed level of risk and seriousness of any breach’.
Joe Donelan, who owns a residential block close to the motorbike track, says he is very disappointed that the four councillors voted against the recommendation, “I have lived and worked as a stock and station agent in Narromine for 43 years. I purchased my lifestyle block a number of years ago for a quiet and peaceful life. This, I believe, is now under threat.”
The applicant, Luke Harding, and the Narromine Shire Council’s General Manager, Jane Redden, declined to comment.