December 1 - 31, 2024: Issue 637

 

Bushfire risk - Loss of Biodiversity remains an issue for Lizard Rock/Patyegarang development proposal: Post December Public Meeting decision

On Wednesday, 11 December 2024 the Sydney North Planning Panel released the decision it had made immediately after the Public Meeting held on the Lizard Rock/Patyegarang proposal for 450 dwellings on Monday December 9.

As the Planning Proposal Authority, the majority of Panel members (Peter Debnam, Blake Cansdale and Steve O’Connor) determined to recommend to the Department of Planning Housing and Infrastructure (the Department) that it continue to liaise with the NSW Rural Fire Service (RFS) in order to ascertain what changes might be required in order to gain the support of the RFS to the Planning Proposal. If the support of the RFS is forthcoming, the Panel would be prepared to recommend to the Minister that the proposed instrument should be made, subject to revisions.

Annelise Tuor and Graham Brown determined not to recommend to the Minister that the proposed instrument, as described in Schedule 1, should be made.

The majority of Panel members concurred generally with the NSW Department of Planning’s Post Exhibition Report that the Planning Proposal is capable of demonstrating strategic merit, however did not agree that site-specific merit could be met in terms of bushfire hazard mitigation given the concerns raised by the RFS. 

Mitigation of bushfire risk had been canvassed extensively throughout the assessment of the Planning Proposal and while work had been done, the endorsement of the RFS had not been obtained. The Panel noted that in its most recent correspondence dated 15 October 2024, the RFS maintained its opposition to the Planning Proposal proceeding further as it had failed to adequately address all relevant requirements of Planning for Bushfire Protection 2019. The RFS did state in the second last paragraph of its correspondence dated 15 October 2024 “While I understand that while this decision may disappoint many, the RFS remains committed to working with the Department of Planning, Housing & Infrastructure in terms of how our concerns in respect of the Planning Proposal may be addressed.”

Similarly, in the final sentence of earlier RFS correspondence dated 9 November 2023, the RFS had stated that “Additional bushfire protection measures will need to be proposed to further mitigate the risk to an acceptable level.”

It was therefore recommended that the NSW Planning Department and Proponent further engage with the RFS to 'resolve all outstanding concerns'.

The three aforementioned 'majority of Panel members' (Peter Debnam, Blake Cansdale and Steve O’Connor) made no mention of the loss of biodiversity and the wildlife that would be killed or die as a direct result of their homes being destroyed in their Decision.

However, the minority of Panel members (Annelise Tuor and Graham Brown) acknowledged that the site’s constraints, including its steep topography, high bushfire risk and large extent of natural vegetation are significant factors that the Planning Proposal has sought to address. In balancing the benefits of providing 370-450 additional dwellings and the aim of the proponent, MLALC, to achieve self-determination through economic development, against the impacts likely to result from development envisaged under the Planning Proposal, it was concluded that the impacts of the proposed development outweigh the benefits.

In particular, it was noted that despite numerous amendments and further information, the RFS and Biodiversity, Conservation and Science Group (BCS) remained unsupportive of the Planning Proposal.

The site and surrounding area are a high bushfire risk. Given the RFS advice, it was noted that the Planning Proposal is inconsistent with Direction 4.3. As “written advice from the Commissioner of the NSW Rural Fire Service to the effect that, notwithstanding the non-compliance, the NSW Rural Fire Service does not object to the progression of the planning proposal” has not been obtained, this inconsistency has therefore not been justified. Consequently, the minority were of the opinion, that in the absence of RFS support for the Planning Proposal, it should not be made by the Minister.

Similarly, the loss of native vegetation was also likely to be considerable given the extent of changes to the site required to provide low density residential development. There remained uncertainty on the impact on threatened species and Narrabeen Lakes Catchment, which were also fundamental to the strategic consideration of the site’s suitability for the development and should not be deferred to the development application stage.

In addition, the steepness of the site, exacerbates issues relating to road gradients and pedestrian accessibility, measures to address bushfire threats and stormwater disposal. To address these and other matters, such as relocating the overhead power lines and provision of infrastructure, will require the removal of most of the vegetation within the development area (proposed R2 and RE2 zones) and result in significant changes to the landform of the site.

'' The constraints and sensitive nature of the site do not lend themselves to the deferment of such important matters to later stages of the development process.'' the Panel members who determined not to recommend to the Minister that the proposed instrument be made.

The minority were also of the opinion, that given the constraints of the site, the number of amendments and amount of information that has already been provided, and the time and effort that has been spent meant that further deferral of the Planning Proposal would be unlikely to resolve the potential impacts of future development on the site to an acceptable level.

It was concluded that the Planning Proposal does not have sufficient site-specific merit to proceed.

On Friday, 13 December 2024 Northern Beaches Council expressed disappointment with the 'majority decision' of the North Sydney Planning Panel on the Lizard Rock application but support the Panel’s referral back to the Rural Fire Service for further consideration.

'Council remains strongly opposed to the development, not only due to the extreme bushfire and evacuation risk posed to future residents, but also the significant biodiversity loss, traffic and other infrastructure challenges that would likely result in additional costs for ratepayers.' the Northern Beaches Council said in a released statement

Mayor Sue Heins noted the dissenting view of 2 of the 5 panellists who agreed with Council that the issues posed by the development are insurmountable. 

“Council supports the intent of the Aboriginal Land Rights Act and its aim to compensate in some way for the dispossession Aboriginal people have experienced through colonisation and ongoing.   

“However, Council must consider each development proposal on its merits, regardless of the landowner.

“While the Planning Panel have made some changes to the proposal, Council is still of the view that this is not a viable development and should be abandoned. 

“The one road in and out of a community surrounded by dense bushland poses too big a risk to life and property. Many of us remember too clearly the terrifying 1994 bushfires blackening the Northern Beaches and have seen the devastating loss of life in other areas since then.  

“Council cannot see how any mitigation measures can make this proposed development safe and support the Rural Fire Service’s position that it also cannot support the rezoning. 

“Only a few years ago, the NSW state government decided not to proceed with their own proposal for residential development under similar conditions at nearby Ingleside.

“But this is just one of the issues that can’t be ignored in this proposal and I would urge the Minister to listen to the expertise in Council as well as all their own specialist agencies who have rejected this proposal – both the RFS and NSW Environment and Heritage.”

Mayor Heins also noted the Minister for Planning and Public Spaces Paul Scully did confirm in Parliament on 29th June 2023 that: ”any objections from the NSW RFS would mean that the proposal will not progress.”

Independent Pittwater MP Jacqui Scruby stated:

“I have been out and about in the community listening to community consensus, and it is against the proposed Patyegarang development. So, the community doesn’t support it.

“We should also listen to the experts on bushfire risk. The proposed development sits within an extreme bushfire risk area, and we’re facing a climate emergency with the rate, frequency and intensity of bushfires increasing. The RFS, Greg Mullins and other experts oppose the development.

“As I told the planning panel, insurance is also a key consideration. The cost of bushfire damage has been a huge driver of inflation, because of the increased costs of home insurance – up 32% in two years –  in a cost of living crisis.”

_________________________________

Verbal submissions at the Panel’s public meeting: 9 December 2024:

Registered individual speakers: 

Gregory William Grace, Jenny Cullen, Fiona Dingwall, Anthony Harris, Sarah Stambolieff, Morgan Foster Morris, Sonia Powell, Edwina Laginestra, David Rohr, Rachael Jackson, Wendy Gleen, Yvette Eunson, Michael Childs, Ethan Hrnjak, Elaway Dalby-Ball, Fiona Baker, Dylan Conley, Thea Harris, Margaret Woods, Dennis Turkovic, Lauren Kajewski, Joanna Mawson-Lee, Christine Couley, Keelah Lamb, Daniel Schnipper, Ann Sharp, Jo Tauro, Angus Gordon OAM, Marion Kiss, Jacqueline Marlow, Amanda Jane Reynolds, Robyn Wood, Heidi Hardy and Tashinka Pearl.

Register Speakers on behalf of community groups: 

Neil Evers for Budawa Aboriginal Signage Group, Tina Weldon-West for Darkinjung Local Aboriginal Land Council, Jayson Cooke for bungaree.org, Kristyn Glanville for Northern Beaches Envirolink Inc, Janine Kitson for Friends of Ku-ring-gai Environment (FOKE), Dr Conny Harris for Garigal Landcare, Pamela Dawes for Australian Plant Society, Ron Patton for Friends of Narrabeen Lagoon Catchment, Timothy Maguire for Northern BeachesClimate Action Network, Joe Earl for Australian Conservation Foundation Beaches Community Group, Nicole Romain for Save the Northern Beaches Bushlands, Jacinta Nicholls for Coastal Environmental Alliance, Ann Collins for Save Manly Dam Catchment Committee, Dennis Jones for Guringai Garigal Mob Bloodline Custodians, Deborah Harris for Belrose Rural Community Association, Lisa Bellamy for Kariong Progress Association, Katherine Jones for Lynhurst Estate Strata Committee, Michael Regan MP NSW Member for Wakehurst, Dr Sophie Scamps MP Federal Member for Mackellar, Jacqui Scruby MP member for Pittwater and Matt Cross MP Member for Davidson.

On behalf of Northern Beaches Council: 

Malcom McDonald, Executive Manager Strategic and Place Planning.

On behalf of the proponent: 

Juliet Grant (Gyde), Nathan Moran (CEO ,MLALC), Yvonne Weldon (MLALC), Rebecca Hogan (Hays Environmental) , Dr Graham Douglas (Bushfire expert) and Andrew Halmarick (Colliers).


Previously: