29 August 2021
29/08/2021
A Big Thank You!
To everyone who has helped out, signed a petition, delivered flyers, passed on the message, written to politicians, done fantastic research or offered moral support- we really appreciate it! This is a big undertaking and we need all the help we can get. If you would like to be more involved please let us know.
Where are Council at with the Sale and Development Plan?
Council have engaged Sydney Commercial Real Estate company CBRE and Lot 2 Tatiara St is listed on their website.
CBRE is pleased to present this iconic land parcel positioned on the pristine headlands at Dalmeny, on the South Coast of NSW.
Key development highlights;
Large freehold site of 414,400*sqm (102 acres)
Zoned R2 Low Density Residential
Minimum lot size requirement of 550sqm
Potential to clear and subdivide into housing lots (STCA)
Strong demand and low supply of housing lots in the area
Located 340km* south of Sydney, 210km* south-east of Canberra
Eurobodalla shire population of 38,000* growing significantly & forecast to reach 45,000+ by 2036
The property will be sold by way of Expression of Interest closing Wednesday, 15 September 2021 by 4pm.
Council have also confirmed that they have started drafting a Development Control Plan for Lot 2 together with Lot 3 and Lot 54, but have not given any further information about exactly when the community will have input. From that we are assuming that the minimum requirement to exhibit the plan after it has been made will be all the ‘input’ we are asked for.
It’s very important to note that whilst Council may try to allay people’s concerns by saying that everything will be covered by the Development Control Plan (DCP):
Once the Council land is sold actually preventing development will become much harder and no matter what environmental assessments uncover, it will be a matter of ‘trying to minimise impacts’ or buying bio-diversity credits (basically a scheme where developers pay to destroy)
DCP’s are a ‘guiding’ document only and not enforceable in the way that Council may make out. There is a good summary in this article:
As the Council land is being advertised as having the ‘potential to clear and subdivide’, should we believe Council assurances regarding environmental assessments?
Council told Dalmeny Matters recently when asked about whether there may be provision in the DCP for retaining large areas of vegetation?
“We can’t answer this clearly or openly as we haven’t gone through the process of identifying opportunities and constraints around retaining large areas of vegetation - the short answer is that there will be areas of natural vegetation retained for both biodiversity, amenity, water quality and those areas that would be more difficult to develop. Also Aboriginal cultural heritage and feed trees need to be taken into consideration. We don’t know what form this retention of vegetation will take. Council is about balanced development and the impact it has on biodiversity”
Dalmeny Matters members have seen drones flying over, people in high viz vests on site, members of the RFS, paint markers on dirt road entrances and marking where service connections exist, so work obviously continues despite lockdown.
A group member attempted an FOI request (GIPA) on lot 54 and requested to view the DA for lot 3. Unfortunately the Council have come back and said that our request was not specific enough for them to have to comply, so we need to try again.
We did find out that the current Owners of Lot 54 are a company called Henley Constructions based in Sydney. https://www.facebook.com/henleyconstructions/
Planning Minister Rob Stokes
We have received a response from the Planning Office on behalf of Rob Stokes, as have other members of the community who wrote to the Minister, which basically repeats the Council's reasons for selling the Lot given by Lindsay Usher in the Council meeting . This was disappointing given the Minister's statements to the SMH in July, which strongly criticized Council’s plan as being ‘tone deaf’.
However the response letter did go on to say that
“Although the sale of the land is a matter for Council, the Minister and the Department expect all Councils to carefully consider the sale of public land. This would involve balancing economic, social, and environmental impacts. As this is a matter for Council to manage at the local level, I would encourage you and members of your group to continue to raise your concerns with Council directly.”
Carefully considered indeed- we have seen just how little information Council based the decision to sell Lot 2 on.
We have been given another person at Planning to contact and will call them Monday 30.8.21 with a list of questions and comments.
RFS
A member of the group has been in contact with the RFS and also Council regarding bushfire zoning of the lot, to get a picture of what requirements developers will be faced with and to try to form an estimate of average building costs if development was to go ahead. The RFS told us when we spoke to them that no request for an assessment of any of the 3 lots had been made to them.
We think this information is really important for several reasons
Council’s own policies state that new development should not be placed in bush fire prone areas
Dalmeny Matters members who live adjacent to the Council lot have a rating of BAL40
RFS stated that even if the land is completely cleared that the fire rating will still be the same as for the adjacent bush- which is Bodalla State Forest
We put the question to Council:
Would the RFS allow development on land rated as BAL 40 or BAL FZ?
“BAL 40 and BAL FZ are bushfire attack level 40 and bushfire attack level Flame Zone -these are the highest levels and development is prohibited in these areas unless Council consults with the RFS”
Some things that factor into fire assessments include the number of access roads, slope, the distance between through roads and houses etc.
Politicians to Chase Up
We have also sent Parliamentarians a detailed letter, background information and beautiful photographs of the land :
The Hon. Andrew Constance, M.P.
The Hon. Kirsty McBain, M.P.
The Hon. Robert Stokes, M.P.
The Hon. Mark Pearson, M.L.C.
The Hon. Cate Faehrmann, M.L.C.
The Hon. Matthew Kean, M.P.
The Hon. Shelley Hancock, M.P.
The Hon. Adam Marshall, M.P.
The Hon. Penny Sharpe, M.L.C.
The Hon. Greg Warren, M.P.
The Hon. Adam Searle, M.L.C.
It’s high time they responded and we will begin chasing them up! If you would like to add your voice please do, and if you would like to use our template letter please contact us.
In particular Shelly Hancock’s office is yet to respond to a letter regarding the legality of the Council Motion to sell the land. This is very serious as the sale may be imminent.
Media Attention
Our cause has received a lot of local media coverage over the past month and I hope everyone saw the article in the SMH- South Coast villages brace for development influx amid city exodus
Several articles in the Beagle,
The Bay Post and Moruya Examiner
Radio interviews on 2EARFM
ABC South East
We will send out another media release Monday regarding how the development may affect Mummaga Lake, and we are working on one regarding evidence of Yellow Bellied Gliders in the area.
MLC Justin Field- Moratorium on Land Clearing
https://www.justinfield.org/call_for_moratorium_on_bushland_clearing_for_urban_development
On July 29 MLC Justin Field sent an open letter to the Minister for Planning and Public Spaces which specifically mentions Dalmeny. If you would like to add your voice in support please contact the Minister! We did!
What’s Next?
We are working with an ecologist and other volunteers with knowledge of plants and animals to add evidence of Yellow Bellied Gliders and Glossy Black Cockatoos living and feeding in the area to the Atlas of Living Australia, along with other significant species. This information will help to build a case regarding both the unsuitability of the area for development, or failing that, what parts of the area should be conserved.
We are making a record of large and hollow bearing trees, and hope to do some dusk and nighttime spotlight surveys when covid restrictions allow.
Another skilled volunteer is making a Preliminary Assessment of threatened species listed in Schedule 1 of the NSW Biodiversity Conservation Act 2016, that may be on the Council lot and 2 adjoining lots.
If you would like to assist in this research please contact us- you can download the Inaturalist app which puts together photo evidence with GPS coordinates for verification.
Do you know how to spot signs of Glossy Black Cockatoos or Yellow Bellied Gliders? Look out under Casuarina trees for the chewed up seed pods dropped by the cockatoos. Look up at the trunks of Spotted Gums and other trees for V shaped cuts in the bark where Gliders have been feeding on sap.
Even though under current legislation the presence of rare animals, plants and birds may not stop development, they help to strengthen our case that this area is not a good choice and that the bush should be protected.
Promising Research
The Dalmeny Matters Working Group will be preparing a research paper identifying all the State Government legislation and Council policy papers that the Council has to comply with when approving any development on this scale. Excerpts from all these documents will be put together in a paper so we have all the relevant information to hand in one place.
The Council is looking to combine the three lots into one integrated development. Dalmeny Matters will endeavour to keep the Council honest - this will be a big task as the Council policy documents pay lip service to looking after the environment and do not offer real protection to habitat and ecosystems. We are going to do everything in our power to make sure Council decisions are carried out in compliance with legislation and its own policies. Anything that makes development of this land harder and more costly for the developer may help us to protect the bush.