Community outrage at change to conservation control for local bushland

15 Nov 2024, 05:00 by Josh Leeson · Newcastle Herald

Save Myall Road Bushland group president Stephen Warham. Picture by Peter Lorimer

SAVE Myall Road Bushland (SMRB) president Stephen Warham has demanded the NSW Government disclose its conservation plans for a controversial subdivision in Lake Macquarie, due to fears its seeking to water down environmental controls.

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The proposal to build 105 dwellings on 11.3 hectares of bushland south and north of Myall Road in Garden Suburb, has been dragging on since 2013.

The Hunter and Central Coast Joint Regional Planning Panel granted consent to Landcom in 2020 to develop 66 residential lots and three larger lots for medium density housing, while retaining 26 hectares of bushland. The conserved bushland accounts for 70 per cent of the crown land site.

Landcom is a state government-owned corporation responsible for providing housing supply to meet demand across NSW.

A condition of consent was a biodiversity stewardship agreement, to formally commit developers to conserving and managing the land which is home to threatened plant species like the black eyed susan, as well as the powerful owl, sugar gliders, and microbats.

The condition also required a covenant to be placed on the title, which acts as a legal restriction on the land to identify it as conservation land.

This week Landcom lodged an amended development application to Lake Macquarie City Council seeking to scrap the covenant requirement.

"The applicant is now requesting to remove the covenant requirement, arguing that the biodiversity stewardship agreement alone is sufficient for legally securing the land for conservation," a spokesperson for Lake Macquarie City Council said.

"Since this agreement will be registered on the land's title, they claim the covenant would be redundant. Council is currently assessing this request."

Mr Warham said SMRB is yet to see the stewardship plan for the development and is still fighting to prevent the development altogether, due to its environmental impact on native bushland.

"They've probably been given advice by whoever is going to do the stewardship agreement that it's not needed," Mr Warham said. "But we don't trust that.

Landcom propose to build 66 residential lots and three larger lots for medium density housing. Picture supplied

"If the planning panel said it should be there, then it either stays there, or how about they go back and lodge the DA so the development is assessed on today's standards."

On Saturday from 9am SMRB will host a walk and talk at Lance Yorke Oval to continue building community support.

SMRB has previously argued the subdivision proposal is a "zombie DA", that was approved under old planning regulations that had been revived and were inappropriate under today's standards.

Mr Warham also wants an Environmental Impact Statement completed before the development proceeds.

In the Pre-Lodgement Application Form submitted to council this week for the DA amendment, Landcom answered "yes" to the question of, "Is your proposal likely to significantly impact on threatened species, populations, ecological communities or their habitats, or is it located on land identified as critical habitat?"

Landcom say at least 30 per cent of the subdivision will be allocated to affordable housing. Picture supplied

In a statement to the Newcastle Herald a Landcom spokesperson said the development, "Will have better long-term environmental outcomes due to the establishment of a stewardship site which will be conserved, managed and protected in perpetuity in agreement [with] the NSW Biodiversity Conservation Trust (BCT), a Division of the Department of Climate Change, Energy, the Environment and Water.

"Work is continuing to finalise the subdivision and intersection design and plan for the rehabilitation of the biodiversity stewardship site."

The Landcom spokesperson also said at least 30 per cent of the development would be set aside for affordable housing and that Lake Macquarie is forecast to grow by 14 per cent by 2036.

That would require 13,700 new homes.

"There is a need for housing that meets the diverse and changing community needs," they said. "This development will provide more diverse and affordable housing.

"The project will enhance neighbourhood connectivity with new footpaths and cycle paths, encouraging people to walk or cycle to nearby destinations.

"The intersection at Myall Road and Gymea Drive will also be upgraded to cater for increased traffic flows."

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