Submissions are now open, again, for the Lizard Rock now called the ‘Patyegarang Planning Proposal’ to clear 126 acres of bushland and build 450 dwellings, a proposal that keeps getting progressed, despite a Biodiversity Development Assessment Report that doesn't list the known inhabitant wombat or the endangered Angus Onion Orchid, Microtis angusi found by residents on the site, but is aware koalas, listed as endangered, and the Heath Monitor, also known as Rosenberg’s Goanna, Varanus rosenbergi, currently listed as vulnerable in New South Wales, have been seen here.
The Preliminary Biodiversity Development Assessment Report, July 2023 version, states 'There is no change to the structure plan or to the biodiversity assessment results.' from the initial document lodged, and still finds all vegetation across the subject land are classed as being in good or intact condition; intact Heath, intact Woodland and intact Forest.
The amount of 'offsets' required to raze this land and kill all the wildlife thereby that lives in and on it, such as the Eastern pygmy Possum, amounts to thousands of required 'credits to be retired'. The BAM Biodiversity Credit Report (Like for like) lists Pittwater, Cumberland, Sydney Cataract, Wyong and Yengo or any IBRA subregion that is within 100 kilometres of the outer edge of the impacted site[Interim Biogeographic Regionalisation for Australia].
However, in missing the endangered Angus's Onion Orchids that grow here, that occurs on soils in the restricted ridgetop lateritic soils in the Duffys Forest - Terrey Hills - Ingleside and Belrose areas - the 'like for like' may be difficult. These soils support a specific and distinct vegetation type, the Duffys Forest Vegetation Community, which is listed as an endangered ecological community under the TSC Act and ranges from open forest to low open forest and woodland; intact Heath, intact Woodland and intact Forest..
With the name change to ‘Patyegarang’ in early September 2023 speculation that the Metropolitan Local Aboriginal Land Council (MLALC) had partnered with a development company began to circulate in the community.
Pittwater Online enquired from MLALC CEO Nathan Moran whether that was the case, whether any money had been exchanged, and whether Expressions of Interest were being sought from companies with the capacity to build the 450 dwellings proposed for the 70 hectare/175 acres bushland site.
Mr. Moran had previously emailed the news service requesting that the MLALC be contacted and included for any future reports on the Belrose bushland proposal after the Unbroken Songlines update.
However, the Metropolitan Local Aboriginal Land Council CEO declined to comment and referred all enquiries to their development website.
The naming of projects often precedes the passing of development plans. In recent years residents have seen development websites for blocks of units in the back streets of Newport long before DA approval was granted, with plans and diagrams of what the proposal will look like freely available on those websites easily being updated when required.
Should that speculation be proved correct it would make any invitation to again provide submissions appear to be a sham process with an outcome already decided before that consultation even commenced on October 27.
However, 'The decision to rename the planning proposal was made to better reflect the cultural significance of the site to the local Aboriginal community.' the NSW Planning Department states on its Patyegarang planning proposal webpage, despite the around 1700 members of the local Aboriginal community who state they are opposed to destruction of this land.
Viewed from the outset as a cynical move by the then coalition government to use First Nations peoples as a means to further developers aims and destroy bushland that previously could not be so easily moved into residential prospectuses, where opponents can be termed ‘racist’ as a means to stymie objections, the means through which this is proposed, was and is through the NSW Government's Aboriginal Land Rights Act 1983, which celebrates its 40th year in 2023.
Legislated to provide a means for our indigenous custodians to be given ‘Crown Land’, and Pittwater Online News historical research on land sales in NSW can attest to the hundreds of pages listing millions of acres listed as ‘owned by the Crown’ under Queen Victoria (1819-1901); and then sold off in Crown Land sales, the purpose was to, per the Act:
(a) to provide land rights for Aboriginal persons in New South Wales,
(b) to provide for representative Aboriginal Land Councils in New South Wales,
(c) to vest land in those Councils,
(d) to provide for the acquisition of land, and the management of land and other assets and investments, by or for those Councils and the allocation of funds to and by those Councils,
(e) to provide for the provision of community benefit schemes by or on behalf of those Councils.
Division 2, of the Act, Claimable Crown lands, lists:
Claims to Crown lands
(1) In this section, except in so far as the context or subject-matter otherwise indicates or requires—
claimable Crown lands means lands vested in Her Majesty that, when a claim is made for the lands under this Division—
(a) are able to be lawfully sold or leased, or are reserved or dedicated for any purpose, under the Crown Lands Consolidation Act 1913 or the Western Lands Act 1901,
(b) are not lawfully used or occupied,
(b1) do not comprise lands which, in the opinion of a Crown Lands Minister, are needed or are likely to be needed as residential lands,
(c) are not needed, nor likely to be needed, for an essential public purpose, and
(d) do not comprise lands that are the subject of an application for a determination of native title (other than a non-claimant application that is an unopposed application) that has been registered in accordance with the Commonwealth Native Title Act, and
(e) do not comprise lands that are the subject of an approved determination of native title (within the meaning of the Commonwealth Native Title Act) (other than an approved determination that no native title exists in the lands).
Mr. Moran has made plain the intention of the MLALC is to accrue as much land and money as possible to compensate for the dispossession of First Nations people from the land of NSW. In a recent interview with 2GB’s Ben Fordham over an MLALC claim for Balmoral land, estimated to be worth $100 million, he plainly told Mr. Fordham this is about grabbing land and making it pay through its sale or development.
At the August ‘Black Parliament 2023’, hosted by the NSWALC at NSW Parliament House, and celebrating the 40th anniversary of the NSW Aboriginal Land Rights Act, Mr. Moran stated, paraphrasing his grandmother; ‘we’re the landlord, you’re the tenant – you need to pay the rent. You may be a squatter but we need to come to agreement if we’re going to go ahead’.
The NSW Department of Planning introduced a suite of changes under the previous coalition State Government to forward this proposal, including the Aboriginal Planning Concierge announced on August 24, 2022, to 'help unlock opportunities on Aboriginal-owned land, by reducing backlogs and accelerating the assessment process', along with the appointment of 13 new specialists to the pool for the Sydney District and Regional Planning Panels on the same date, without naming these.
However, those who were appointed in July 2022 have updated their CV bios in platforms such as Linked In, clearly under the impression that a ministerial appointment to the NSW Department of Planning installed planning panels presents a new level of kudos. Some Members are from Land Councils and sit on the panels for these proposals decisions.
This was followed up by the December 16 2022 Department of Planning and Environment announcement that it is cutting red tape with a series of new decisions aimed at providing greater self-determination for Aboriginal communities and enabling them to reap the economic benefits of their land. Executive Director of Local and Regional Planning Malcolm McDonald said a pilot program had been launched to ensure land is appropriately zoned to unlock housing and development opportunities.
Mr McDonald said the Department had also worked with the corporation Darkinjung Local Aboriginal Land Council (LALC) to finalise its Development Delivery Plan (DDP), which outlines how 31 sites could potentially be developed.
“This DDP sets out Darkinjung’s intentions for how the 31 sites could support future new homes, jobs, open space on the Central Coast,” he said.
Other changes made to improve outcomes for Aboriginal communities across NSW included:
- Removing the requirement for LALC land to be mapped in the Planning Systems State Environmental Planning Policy (SEPP) before a Development Delivery Plan can be approved; and
- Giving the NSW Aboriginal Land Council the same access to the Aboriginal Lands SEPP as a LALC.
Council remains opposed to the proposal despite the MLALC responding to a requirement via the Gateway Determination that it meet Council's affordable housing requirement. The MLALC stated that $36 million will be provided to the same, amounting to what would be 20 homes. The May 29 Determination Decision required 45 dwellings (Condition 2 — “10% Affordable Housing is to be provided”) to be delivered, however, an August 2023 letter from MLALC states an intention to deliver the equivalent of 20. (MLALC Patyegarang Project, Belrose Provision of Affordable Housing Affordable Housing Discussion 18th August 2023). This was clearly accepted as a Condition met as progressing the proposal to the latest public exhibition of the documents for feedback has occurred.
On Friday October 27 Council said in a statement that the Northern Beaches Council has issued yet another warning about the Patyegarang planning proposal at Morgan Road, Belrose – also known as ‘Lizard Rock’.
The planning proposal by the Metropolitan Local Aboriginal Land Council (MLALC) is currently on public exhibition on the NSW Department of Planning Environment website.
Northern Beaches Mayor Sue Heins said Council was deeply concerned about the environmental impacts and bushfire risks associated with the development and would be making a submission to the Department.
“We wholeheartedly support the intent of the Aboriginal Land Rights Act – after all, this land always was and always will be Aboriginal land – but we simply cannot condone this particular proposal due to the extreme risks and impacts it presents,” Mayor Heins said.
“The proposed development will see the destruction of 45 football fields worth of bushland and the construction of 450 homes in bushfire prone land.
“The new homes would be built on precious bushland and residents would face extreme bushfire risk. These new homes would also be surplus to our housing targets.
“We call on the Minister for Planning to listen to the concerns from our community. This is not NIMBYism, this is about protecting our precious environment and protecting lives.”
Council states it has previously written to federal and state MPs, along with relevant ministers, proposing an alternative solution and financial model so that MLALC can still benefit financially from its land, while the land is protected in perpetuity.
The planning proposal has significant planning, environmental and hazard issues, including:
- Bushfire risks – the site is in a high bushfire risk area. We know this from the 1994 bushfires. Evacuation will be a problem. No upgrades to Morgan Road are proposed. A new slip lane onto Forest Way requires acquisition of Council land and a new emergency egress proposed via Oates Place is proposed to be gated and available only during a fire event raising concerns about it practicality.
- Inconsistency with planning strategies – The proposal is inconsistent with key aspects of the Greater Sydney Region Plan, North District Plan, Northern Beaches Local Strategic Planning Statement – Towards 2040, and Northern Beaches Local Housing Strategy, particularly in terms of the preferred location and type of new housing and impacts on the environment and Metropolitan Rural Area.
- Inconsistency with Council’s Conservation Zones Review – The Review recommends applying a C3 Environmental Management Zone to most of the site due to its high environmental value and high rick of bushfires.
- Enormous loss of high biodiversity habitat – With 44.7 hectares of bushland to be cleared (equivalent to the size of around 45 rugby fields) the proposal and new development will have significant environmental impact. Given the scale of development, we are not satisfied that waterways within the site can be protected and the quality of run-off to Narrabeen Lagoon can be controlled.
“None of these issues have been addressed in the revised planning proposal,” Mayor Heins said.
“As we have said time and time again, this planning proposal does not demonstrate strategic or site-specific merit and should be rejected.”
The property also incorporates most of the upper catchment of Snake Creek, classed as a first order stream in the Narrabeen Lagoon catchment. Local engineers who have specialised in this field for decades have stated runoff from the proposed new development during construction will end up in Narrabeen Lagoon via the waterways in the catchment, destroying environment along the way.
Council has resolved to prepare a submission outlining its concerns. The community is encouraged to give feedback by lodging a submission with the NSW Department of Planning and Environment.
The Northern Beaches Bushland Guardians are also urging the community to write submissions to the State Government to save Lizard Rock in Belrose from Development. The Northern Beaches Bushland Guardians' petition to save Lizard Rock with 12,000 signatures was presented to NSW Parliament on 23 June 2023.
The response from The Hon. Paul Scully, now the Labor Government's Minister for Planning, dated July 27, states the government is committed to unlocking opportunities for local aboriginal land councils to help deliver economic and community benefits from their land holdings, and advised that once the MLALC had addressed the Gateway Determination conditions they would be able to provide feedback again. A similar reply was given to an e-petition on the same subject, that response was dated September 14.
The Northern Beaches Bushland Guardians recently hosted a public meeting at Belrose to discuss the proposal, video below, and prepared a template submission and other resources to assist community members to write to the Department of Planning and to other State Ministers. This template is available on their website at www.envirolink.net.au/howtowrite.
"It is outrageous that after the 2019 Bushfire season, the State Government is continuing to progress a planning proposal where independent bushfire assessment shows that we will be building houses in places where lives will be at risk. The lives of the residents and the lives of our local RFS volunteers" said Cr Kristyn Glanville, Northern Beaches Councillor and member of the Northern Beaches Bushland Guardians campaign.
"It is integral that we protect every piece of remaining intact biodiversity to address climate change and stop the extinction crisis" said Envirolink President Dr Conny Harris, "As a local GP, I see that we are in a mental health crisis. Not only is saving the bushland good for the environment, but places to bushwalk and meditate are also critically important for our mental well being and physical health".
Cr. Kristyn Glanville speaking on behalf of the Northern Beaches Bushland Guardians campaign, further stated,
"This rezoning proposal being approved will trigger a precedent across the Northern Beaches and NSW. Close to home, it will set the precedent in the deferred lands that any owner on high quality bushland can get a spot rezoning to residential zoning. Across NSW this SEPP opens the door for mass clearing of native vegetation, despite the 30 by 30 targets to conserve 30% of nature in NSW by 2030.
"Its astounding that the State Government is considering an ordinary residential zoning, as future dwellings could rely on private certifiers to obtain CDCs. The land at Lizard Rock is more appropriately zoned C3 Environmental Management, as this would rule out development via CDC in such a environmentally sensitive and bushfire prone area.
"The Northern Beaches Bushland Guardians campaign does also want to see a fair outcome for MLALC. The State Government has given them land as compensation from which they cannot earn any income, but which is fundamentally unsuited for development. We are pushing for an alternative such as a land swap for developable land without environmental value, or leasing Lizard Rock from them as a National Park. The land was given to MLALC as compensation for past wrongs, but clearing the bushland there would be committing new wrongs against nature.’’
Feedback is due by 7 November 2023 at: www.planningportal.nsw.gov.au/ppr/under-exhibition/patyegarang-morgan-road-belrose
However, although it may be worth putting pen to paper, those who are have also begun discussing if they will be prepared to put boots on the ground and stand before bulldozers as well.
The processes to progress the proposal are clearly already in play and will not cease through petitions that are fobbed off or thousands of objections when the intent is for the documents so many have found huge holes in to be accepted, a polishing up for the pre-advertising of the Patyegarang sell off to those after a property has already occurred (bring 2+ mill median price with you), and in the first instance, a Concierge was created with the stroke of another pen to ensure the smooth movement of the project through the NSW Department of Planning cogs is achieved.
On March 8 2023 Prof. Rico Merkert and David Li looked at the effectiveness and authenticity of carbon offsetting when looking at the true carbon footprint of proposals as part of Sydney University's 'Thinking outside the box’ series.
Their contribution essay was title 'It’s called Frenchs Forest for a reason and why it is important to see the wood for the trees'.
That too runs below as further food for thought.
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