As Gold Coast's Division 7 councillor faces murder charges, Mayor Tom Tate has been announced as his replacement which would be a boon for developers, writes Darren Crawford.
ANGRY GOLD COAST residents of Arundel, Parkwood and Labrador have demanded that the councillor accused of murder, Ryan Bayldon-Lumsden, resign immediately from his position as councillor for Division 7 due to a lack of representation of the area in council.
Bayldon-Lumsden was charged with murdering his stepfather, Robert Lumsden, in August this year and while on bail has been suspended from all council duties, with full pay.
Under State Government regulations, a replacement representative, former Division 7 councillor Margaret Grummitt, was appointed (also with full pay) until the March 2024 local government elections. However, as a replacement, she has no voting rights in the council chambers and can only be a conduit between residents and council officers under certain conditions.
This non-representation has quickly become an issue as there are two major development projects in the division presently seeking approval from the Council. However, there is no one representing the residents of Division 7’s interests in the council chambers, let alone being able to vote on the projects.
Parkwood Village (formerly The Parkwood International Golf Course) is proposing to build a $300 million wave pool on a flood-prone site in Parkwood, while the new owners of the Arundel Hills Country Club are looking at ripping up the former golf course and significant koala habitat to build $150 million worth of luxury housing.
Both developers have become extremely active in the media and in council since Bayldon-Lumsden was charged with murder and stood down, seemingly to try and capitalise on the lack of representation of the residents in council.
When is a councillor not a councillor? When he’s been charged with murder.
Various community groups have voiced their opposition to both development proposals and called on the State Government to step in and take control of the situation. These same residents are also calling for Bayldon-Lumsden to resign. However, he is refusing to budge and is still actively presenting himself as the area councillor for Division 7 both online and in person, having attended City of Gold Coast events in September and October, including a family fun day and a primary school event.
One leader of a local community group concerned with the impact of over-development on local amenities and livability in the area told IA that Bayldon-Lumsden’s position is untenable and that he needs to step down immediately, stating:
“We must be the only country in the world where someone can be charged with murder and because they are a politician, it is business as usual.”
Another resident stated that it is “unclear if councillor Bayldon-Lumsden fully comprehends the gravity and repercussions of his actions, both as an accused murderer and as a suspended councillor”, and that by refusing to resign he is giving the developers a significant boost in their efforts to get their projects over the line while there is no one to represent the wider community in council.
The resident continued:
“Councillor Bayldon-Lumsden's recent attendance at a council event accompanied by taxpayer-funded police raises questions about the necessity of such resources and their allocation, especially when compared to other individuals facing legal charges.”
In a letter dated 5 October, received in response to concerns from a community representative, Queensland’s Deputy Premier, Steven Miles, states that while the rules around the suspension are clear, ‘Councillor Bayldon-Lumsden remains a councillor but is not able to carry out his councillor duties’ and that in his view, the councillor has not infringed ‘the local government legislation’s requirements regarding his suspension’.
Miles wrote:
‘...the courts have ruled that Councillor Bayldon-Lumsden is able to be out in the community and, at this point, he is not disqualified for standing at the next council election to be held in March 2024. This means that if he wishes to attend community events and if he wishes to undertake campaign activities, he can do so if he does not identify himself as a councillor or breach any conditions of his bail.’
Bayldon-Lumsden is not a councillor but is receiving full pay and continues to represent himself online and attend city events as “Ryan Bayldon-Lumsden, Division 7”, which is obviously a campaign strategy for possible re-election in March 2024 and possibly how he is paying his legal fees.
According to the residents IA spoke to, there is growing concern that Bayldon-Lumsden will continue to attend council-run family events to garner public support and media attention, which compromises the atmosphere and purpose of these events, given the severity of his charges. It also leads to the perception that the City of Gold Coast and the Queensland Government may be failing to address breaches of the Councillor Code of Conduct adequately.
Similarly, if Bayldon-Lumsden refuses to stand down, there will be no proper representation for Division 7 until the March 2024 poll is held. If Bayldon-Lumsden wins, then his trial may not be held until 2025, meaning that the 30,000-plus residents in his division will still not be represented.
Tom Tate to the rescue (of the developers)
With the developers circling and the Division 7 residents still without representation in council, News Corp papers are this week reporting that Gold Coast Mayor Tom Tate has stepped in and is now the representative in council for Division 7. While on the surface this may seem an appropriate fix, Tate is well known as a property developer in his own right and since coming to power in 2012, has constantly pushed for development over environmental protection as advocated by the community.
As Tate said in 2012:
“The days of saving the green tree frog on the Gold Coast are over.”
Tate’s record is there for all to see, including his doomed attempt to develop a cruise ship terminal on the Southport Spit while facing widespread scientific and community opposition. Not to mention his shambolic deal to grant the Gold Coast Turf Club a free car park by filling in Black Swan Lake, which went pear-shaped rapidly with the locals winning back control of the public space.
Do the right thing
Bayldon-Lumsden reflects poorly on local and state government, as he has breached the Councillor Code of Conduct in terms of responsibility and respect and is damaging his reputation further by not resigning. Meanwhile, with no true representation in council other than a pro-development Mayor, the 30,000-plus residents in Division 7 still have no protection from the circling developers.
In a recent Facebook post on local MP Sam O’Connor’s page, retiring Division 2 councillor William Owen-Jones has pressed for Bayldon-Lumsden’s resignation as well, stating that if he resigns by 15 December 2023, the Local Government Act allows for a replacement (with full voting rights) to be appointed in Division 7.
If he truly cares about his community in Division 7, regardless of being “innocent until proven guilty”, the murder-accused Bayldon-Lumsden must do the right thing and resign immediately.
According to his legal representatives, Ryan Bayldon-Lumsden will be pleading not guilty to the charge of murder.
Darren Crawford is a surfer, environmentalist, sports coach/administrator and academic. He is also vice president of Save Our Spit Alliance. You can follow Darren on Twitter @Darrencanplay.
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