Councillor Chris Harris

The court case, Matthew Drake-Brockman v the Minister for Planning and others (Foster’s has sold the CUB site to Frasers) regarding the environmental disaster that will be the Carlton United Brewery development has completed.

In two days of debate barristers for both sides argued the case for the importance of ensuring that environmentally sustainable measures were incorporated into the approval process for the site.

With climate change threatening the way we live it was astonishing to hear counsel for the Minister and Frasers argue that “ESD (ecologically sustainability development) should not take primacy over economics” and that under Part 3A the Minister is under “no obligation to take ESD considerations into account.”

Tell that to the future generations when their health, work opportunities and environment are destroyed.

We now await a judgement within the next few weeks.

Below I have included a summary of the arguments in the CUB Hearing including the submission from Francis Douglas QC, counsel for Drake-Brockman.

I would like to thank everyone who took an interest and supported this landmark case that deals with climate change in an urban development. If you would like to read the full submission please email me at charris@cityofsydney.nsw.gov.au and I will send these to you.

Cheers 
Deputy Lord Mayor of Sydney
Greens Cr Chris Harris Read the rest of this entry »

On Wednesday July 25th in the Land and Environment court counsel for Minister Frank Sartor stunned the packed courtroom with the extraordinary statement that the 2300 cars approved for the Carlton United Brewery (CUB) development was consistent with reducing climate change.

Deputy Lord Mayor Greens Cr. Chris Harris: “I’m not sure if this was a joke or counsel for the Minister thought they were in la-la land rather than a court of law. Either way to stand up in court and pronounce that 2300 cars would help reduce rather than increase our greenhouse emissions is unacceptable.”

The Minister’s counsel denied that the Minister is obliged to take ESD (Environmental Sustainable Development) considerations into account in making a decision under Part 3A. Counsel also argued that ESD guidelines were there to encourage not necessarily achieve sustainability.

“In other words according to the Minister, developments are encouraged but not obliged to include ESD principles and the Minister doesn’t have to consider ESD if he doesn’t want to. I guess this helps you understand the Minister’s view that 2300 cars is an environmental legacy rather than an environmental disaster” Cr. Harris said

Unlike Foster’s, who did not even respond to my offer to meet, I am encouraged by a positive response from Dr Stanley Quek, Managing Director, Frasers Greencliff Developments Pty Ltd. I look forward to meeting with him in August.

With only fourteen days to go until local resident Matthew Drake Brockman takes on the mammoth beer mogul Foster’s and Planning Minister Frank Sartor, the Chippendale community along with other Sydney residents and supporters came together to help raise funds for the cause.

At UTS on Wednesday July 11, almost 100 residents braved appalling weather to eat, drink and be inspired.

Speakers such as Cate Faehrmann, Executive Director, Nature Conservation Council of NSW, accused the Government of being more about party politics than achieving any progress in addressing climate change and that Part 3A planning laws were dangerous and undemocratic for allowing one man to hold so much power.

Green Bans legend Jack Mundey, surprised everyone with his revelation that when it came to climate change, communities would have more success lobbying business rather than government – except of course at election time.

Caroline Pidcock, President of the Australian Sustainable Built Environment Council, agreed adding that many developers were more aware of sustainability issues than government ministers.

Michael Mobbs then informed the audience that sustainability measures only add between two and eight percent to upfront development costs. This of course would be recouped over time through lower living costs. The audience was ready with applause and questions as to why our governments just don’t get it.

The evening was a great success with the small community of Chippendale raising over $1,000 for the court case.

The CUB court case is scheduled for July 25th and 26th. It will be a David and Goliath tussle at which anyone who is interested can attend.

The City of Sydney last week agreed to support the community’s fund raising effort for the litigation against Foster’s and Planning Minister Frank Sartor over the CUB site in Chippendale.

Cr Chris Harris, who is actively supporting the case, had requested that a $20,000 grant be made to FOCUS - a Chippendale community group - to help meet the $40,000 estimated costs.

After debate, the majority of councillors decided that council match the Legal Aid grant together with funds raised by the community up to a limit of $20,000, subject to some legal provisos.

The vote was 7-3 with only the three Labor councillors (including Assistant Environment Minister Verity Firth) opposing. (See resolution passed, below)

“This is great news for Chippendale,” said Cr Harris.

“The litigation is a last-ditch attempt to have the community and the environment considered in a long-term project that will triple the population and car ownership in this charming inner Sydney suburb.”

“It is a real message to Frank Sartor that his takeover of the site using the unpopular part 3A planning laws is anti-democratic and that the concept plan that he approved is unsustainable.”

Outstanding Legal Counsel

Strong Legal Counsel for the community has been confirmed. Francis Douglas QC is one of Australia’s leading barristers. Junior counsel Jason Lazarus is a rising star in the legal profession and an expert in Land & Environment Court matters.

Cr Harris has written to Frasers, the developers who recently purchased the site from Foster’s, requesting a meeting to discuss what the developer needs to do to create an environmentally sustainable development.

Fundraising event

Supporters of the case can help kick it along at a fundraising event to be held on 11 July at the Guthrie Theatre, UTS (6.30-8.30pm, Lebanese finger food, drinks available for purchase, $30 contribution, enter off Harris Street).

Speakers will include Ian Kiernan AO from Clean Up Australia, Green bans legend Jack Mundey, Chippendale resident and sustainability expert Michael Mobbs, Cate Faehrmann, Executive Officer of the Nature Conservation Council and Caroline Pidcock, past president of the Australian Institute of Architects.

Around $5,000 in public donations has already been received and further pledges indicate that the fund raising drive will reach its target before the case on 25 July.

Recycle your dead mobile phone and help raise some money for the CUB case

Local reside Amy Kelly will collect all previously loved mobile phones at the fundraiser event and recycle them. Each phone will raise $5 towards the case.

Contact Amy Kelly on  0405 978 756.

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