Councillor Chris Harris

On the day that Justice Jayne Jagot found for the developer in the Carlton United Breweries (CUB) case she highlighted the fact that courts do not make merit decisions, they simply uphold the law.  Whether or not that law is a donkey’s bottom is irrelevant, it’s the law.

For all of those who had believed there was a chance for the environment and for Sydney to come out of its industrial revolution, smog-infested thinking, it was a very bleak day indeed.

Then from the gloom of the courtroom there was suddenly hope in a Chippendale café coming from the most unexpected source – the developer.

Unlike Foster’s - the previous owners of the CUB site who wouldn’t even return phone calls let alone agree to a meeting - the Singapore based Frasers Group wanted to talk.

Ecological sustainability of the CUB site is the fundamental core of the community’s problem with the development. This community is as Elizabeth Farrelly articulated in her piece (Fooled again by a system that stinks SMH 22/8/07) “neither stupid nor intransigent nor luddite; they know that development must happen and that sustainability demands density.” Read the rest of this entry »

The environment.
R.I.P.

It was a black day for Sydney as Justice Jagot in the NSW Land & Environment Court ruled against the environment in favor of unsustainable development and the unfettered powers of Minister Sartor.

This was the first Australian case (Drake-Brockman v Minister for Planning) dealing with the climate change effects of a large urban development. The development – the Carlton United Brewery site (CUB) in Chippendale – was formerly owned by Foster’s Ltd and recently acquired by Singapore based Frasers Property. 

Justice Jagot upheld that while Minister Sartor should encourage sustainable development, under the law the Minister was not compelled to, nor was it in the court’s jurisdiction to force the Minister to do so.
 
Deputy Lord Mayor, Greens Councillor Chris Harris: “Under Part 3A Minister Sartor can do whatever he likes to the environment and the Land and Environment Court is powerless to stop him. 
 
“Thanks to this ruling, the CUB development could legally spew out millions of tonnes of greenhouse gas emissions from the 2300 cars approved for the site. Using coal-fired generated electricity it could pump hundreds of thousands of litres of water to the site and hundreds of thousands of litres of sewage from the site and into the harbour every year.   Not only that but this development will be the benchmark for every other development approved in the city.

“If Labor wanted to lower the bar on sustainability and kill off the environment they couldn’t have found a better man for the job than Mr Sartor.

“Ironically businesses, schools and ordinary Australians are the ones coming up with innovative ideas to counter climate change. Hopefully Frasers will join this group and differentiate themselves  from Fosters and the Labor government who are so blinded by the pollution they create that they sacrifice future generations for profit?” Cr Harris said.

The judgement in full can be found here.

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.