9 September 2021
Land for Sale
A member of the group enquired of the real estate agent CBRE:
$3.5-$4m is what Council is seeking
Lot 2 may go for a second round once EOI closes on 15 September
Based on the lot sizes and planning, only about 35-40% of land can be developed, according to CBRE
Apparently there are a number if interested buyers who have engaged their own consultants, and are spending their own money, however when put together with the point above, it doesn’t seem as if Council have necessarily been made a good offer yet
The minimum lot size is 550 sqm blocks
There is an ecological study underway, including biodiversity requirements, to understand the potential offsets that are required- although who is paying for this was unclear
Buyers will take on the risk for this
Affordable Housing?
Council recently revealed on their website that:
“An increase in land available in Dalmeny will relieve pressure on supply elsewhere including making existing properties available for markets other than those that could afford to buy into the Dalmeny Land Release Area.
Affordable housing developments are best practice where they are within walking distance of land within Zone B2 Local Centre. The Dalmeny land is further than 400 m walking distance from the local shopping centre, and Dalmeny itself is a small coastal village that does not provide a basic level of service adequate to meet the needs of those on low to medium incomes. From a strategic perspective we would need to consider the appropriateness of encouraging affordable housing in such a location with its limited access to services. Affordable housing in the context of Eurobodalla is better located in the larger towns especially Moruya and Batemans Bay where there is greater access to services.”
We believe that Council has deliberately misled the community with reasoning for the sale being in support of affordable housing, a pitch to gain community support
Yellow-bellied Gliders
Vicki Digby, a member of Dalmeny Matters, has found evidence of Yellow-bellied Gliders in the Council owned bush land.
Gliders leave a distinctive V shaped cut in the bark of gum species such as Spotted Gums, when they cut the bark with their sharp teeth to feed on sap.
Image by James White - https://www.instagram.com/_james__white/
The marks in the bark have been verified by a local ecologist Craig Dunne. He commented that:
"These feeding incisions are characteristic of the yellow bellied glider. Judging from the photos, these are very fresh and have probably been made in the last week or so. Although they can move around their home range quite a bit, if you went out at night I am sure you would hear them calling in the area and would probably be revisiting that same tree.”
Dalmeny Matters are concerned that even with evidence of threatened animals living there, current environmental protection laws do not stop developers from clearing the area, but allow them to pay to ‘offset’ the damage. If Eurobodalla Shire Council continue with the sale of the land, it will lose the ability to effectively protect the Gliders.
Vicki Digby who lives near to the Council owned land said:
“You can hear the territorial calls of the gliders at night, but to then see their territory is something else. For me, it is gut wrenching to see our local council continue its blatant disregard for its responsibility to better manage and protect our natural surrounds, made even more precious after periods of drought and bushfire.
Particularly when the reasoning behind the release of the Council land is clearly one to support developers; Develop and demolish and then walk away with pockets lined. Habitat protection is not part of the Council’s fibre.”
Ecologist Craig Dunne went on to say:
“Given that you found evidence of yellow bellied gliders in such a small amount of time, I have no doubt there would be more glider feed trees in the area, and probably several gliders. Also the presence of numerous allocasuarina with crushed cones beneath them, indicates that glossy black cockatoos are regularly foraging in this area."
Has anyone had experience using the Inaturalist App? It allows you to record sightings of plants and animals which are checked and added to the Atlas of Living Australia. Why not have a look at what species have been recorded near you? Records of threatened species are considered in an environmental assessment of the bush and help to trigger environmental protection laws.
When you’re out in the bush look out for Gang Gangs, Glossy Black Cockatoos and marks on trees from Gliders- who knows what else you might find- a rare orchid?
Letter to ESC Regarding Mummaga Lake
We sent a letter to Council on the 29.8.21 and are still waiting for a response!The letter stated that:
‘Council currently has no management plan for Mummaga Lake, and has yet to complete a Coastal Management Plan for Certification. Dalmeny Matters has serious concerns that clearing the catchment area would put the lake at risk, based on the Independent Inquiry into Coastal Lakes conducted by the Healthy Rivers Commission in 2002 which recommends Mummaga Lake be managed as per the Significant Protection (Management Orientation), including specific recommendations to
“Limit any new urban and rural residential development to within the existing boundaries of such developed areas.”’
We have written to the NSW Coastal Council to see if they can offer advice.
Submission to Minister for Local Government
On August 6th we sent a long submission to the Minister- this being the 3rd time we have contacted her regarding this matter and we have finally had a response to say that her officer is investigating the matter. We believe that we have presented a strong case showing that Council have not followed policy in making the decision to sell, and that have failed to show care and diligence, which is a requirement under the Local Government Act. The is an extract of the submission:
“There is adequate information to indicate that Eurobodalla Shire Councillors were not provided with essential information to guide a properly informed decision regarding the sale of public land with a plan to subdivide and develop. This includes failing procedurally in consideration of the 7 Criteria for Assessment listed above. It is our belief, supported by extensive evidence, that Council has failed to take a reasonable degree of care and diligence in making this decision as required under the Act.
For this reason feel that the sale of the land must be delayed while the matter is investigated.
The land was zoned residential over 30 years ago, and representatives from NSW Planning have confirmed that zoning status ‘transitions’ from year to year, rather than being reassessed to determine if the zoning is still appropriate.
Therefore NSW Planning, and the community must trust that Council will consider the appropriateness of zoning as new information becomes available, or new studies are undertaken, and make applications for rezoning when needed. The public have a reasonable expectation that Council would use care and diligence in this regard, for example reconsidering a residential zoning for areas of intact native vegetation after the recent bushfires, or in response to the Recovery Plans for threatened species. By failing to do this, Council has instead simply assumed that a 30 year old land zoning decision still has relevance today when making planning decisions that will have a major effect on the community.”
We are a Hot Potato!
After receiving advice from NSW Planning that, due to the operational zoning of the land, there was little Planning could do to prevent the actual sale of the land, and that we should contact the Environment Minister Matt Kean, we contacted his office.
They quickly responded that:
“I refer to your correspondence to the Hon Matt Kean MP, Minister for Energy and Environment about the proposed sale of unburnt native bushland.
Your correspondence was referred to the Department for action and they have advised that the matter raised in your correspondence falls under the portfolio responsibility of the Hon Rob Stokes MP, Minister for Planning and Public Spaces.
We have forwarded your correspondence to Minister Stokes' office for their consideration and appropriate action.”
We have contacted both offices yet again to try to get them to assist us.
Further Information from Planning
The land was zoned residential over 30 years ago, and representatives from NSW Planning have confirmed that zoning status ‘transitions’ from year to year, rather than being reassessed to determine if the zoning is still appropriate.
Therefore NSW Planning, and the community must trust that Council will consider the appropriateness of zoning as new information becomes available, or new studies are undertaken, and make applications for rezoning when needed. The public have a reasonable expectation that Council would use care and diligence in this regard, for example reconsidering a residential zoning for areas of intact native vegetation after the recent bushfires, or in response to the Recovery Plans for threatened species. By failing to do this, Council has instead simply assumed that a 30 year old land zoning decision still has relevance today when making planning decisions that will have a major effect on the community.
NSW Planning has also confirmed that even after the land is sold Council may still apply for a ‘spot-rezoning’ of the land. There will still be options left for a new Council to protect Lot 2, and we do not have to see the sale of the land as a death knell.
Council Candidates
We have written to all Council Candidates to give information about evidence of Yellow-bellied Gliders on the land:
“Because Eurobodalla Council failed in their 2006 commitment to produce a Policy for Conservation of the Yellow-bellied Glider, Lot 2 Tatiara st was never identified by Council as a habitat area, the zoning of the land was never rethought and Councillors have voted to sell without this important piece of information. The NSW Planning Office has given us advice that even if the sale of the land goes through, Council may still apply for a spot rezoning of the Lot in order to protect these species.If elected, what commitment would you make to protecting this important habitat area of native bushland that is loved and used by people in the community?”
David Grace has responded: “We support further study of this area to ensure that any developments will not adversely affect yellow-bellied gliders or other threatened species, and we will take whatever action is needed to ensure the council meets its obligations to protect the yellow-bellied glider, as detailed in the Eurobodalla Settlement Strategy.
The Labor team has supported the Dalmeny community's concerns about this development from the time it was brought before the council. We are strongly of the view that although developments are necessary in the shire, they need to be carried out to at least maintain, and preferably improve the environment in which we live. This includes ensuring that species other than humans also can enjoy this beautiful part of the world.
Advance Eurobodalla’s Mat Hatcher responded saying:
“We have been following this development and Advance Eurobodalla is fully committed to proper processes and that includes compliance with commitments made within the context of the Eurobodalla Settlement Strategy.
Given AE's environmental policies, we are committed to protecting the habitat in question. Environmentally responsible and sustainable housing and other development is what AE is about. We also note NSW Minister for Planning, Rob Stokes, is strongly opposed to the proposed Dalmeny development.”
The Mayne Team have recently published a wonderful article regarding Lot 2, and responded saying that
“Protection of our environment is one of the key planks of our campaign manifesto and one cannot protect the environment without protecting its wildlife. Your link to the Department of Agriculture, Water and the Environment document on “species identified as the highest priority for urgent management action” is a document that cannot and must not be ignored or finessed in any way.The MAYNE team is absolutely committed to the protection of wildlife and their habitats, and this applies as much to Dalmeny as it applies to the rest of Eurobodalla (well, and the planet).”
Also no response so far from
Eurobodalla Greens
A Better Council
Media Attention
What Can You Do?
As the Minister for Local Government is considering our submission a show of community support would help right now. You can contact the Minister here. Remember that they are concerned with the process and the role and responsibility of Council so that’s what we are talking to them about.
It would also help if more people contacted
-Minister Rob Stokes (Planning)
-Minister Matt Kean (Environment)
Whats Next?
We are going to start phoning the offices of Andrew Constance and Kristy McBain- we have contacted them multiple times and we want a response!
We have contacted DAWE- it’s important to have a contact person there if the land sells and the development process starts to ensure we are part of the process and can argue for better outcomes.
We are still reaching out to anyone who might be able to assist- the Foundation for National Parks, National Parks Assoc of NSW, Glossies in the Mist program, NSW Coastal Council. Any ideas are welcome.
Expressions of Interest End for Lot 2 on Sep 15- will it go for another round? The Development Control Plan is apparently being drafted and once complete, must be exhibited to the public for 28 days before going to Council. How long will the DCP take to be completed considering Council are having delays processing DA’s at the moment due to staff issues. Will this take us through to the end of the year and Council caretaker period? Fingers crossed.