TO: Tom Gilmore, Councillors
FROM: Kuranda Region Planning Group
DATE: 1 JUN 2017

Dear Mayor Gilmore and fellow Councillors

We are writing regarding two confirmed breaches of the Sustainable Planning Act 2009 by Ken Lee, owner of the former Barnwell Estate near Kuranda. As you know, this is the land he has earmarked for the proposed ‘Kur-World’ mega-development, which is currently undergoing EIA.

We are advised that Council has a responsibility to prosecute instances in which there are significant breaches of the law, such as the developer’s construction of an illegal dam – for which he sought no prior approval – and subsequent reconstruction of a house on the property without building permit. Both of these activities were assessable developments. In both cases, it appears the developer was effectively contemptuous of applicable laws.

1. We wish to know when Council intends to prosecute these breaches.

2. If it does not intend to do so, we ask who made that decision and when it was minuted.

We do not seek Council’s oversight of every minor breach of planning laws throughout the shire. However, this is a very large property and the subject of a highly controversial development proposal. We understand Council believes it must be seen to be neutral as the State Government oversees the “integrated assessment” process. In that context, it is NOT neutral to overlook flagrant breaches of the law, as this would not be anticipated in other cases.

The illegal dam, in particular, was a very serious breach which had a damaging impact on part of the habitat of the Kuranda Treefrog – an IUCN-listed endangered species that’s unique to the Myola Valley. Retrospective approval granted by the Council for the dam construction is one thing; a decision not to prosecute the original breach would be another matter.

Looking forward to your timely response,

Regards,

Willie Brim
Sarah Isaacs
Alison Kempe
Jo Martin
Seanne McCarthur
Steven Nowakowski
Nadine O’Brien
Cathy Retter
Cheryl Tonkin
Syd Walker

for and on behalf of the Kuranda Region Planning Group