Showing posts with label Clarence Property Corporation Limited. Show all posts
Showing posts with label Clarence Property Corporation Limited. Show all posts

Monday, 7 October 2024

So how would the proud new homeowners in Clarence Property Corporation Limited’s Wallum ‘Enviro Development’ residential estate feel if before the house mortgage is even paid off the ground is turning to swamp beneath their feet?

 



Lot 13 DP 1251383 15 Torakina Road and environs, Brunswick Heads NSW. IMAGE: Clarence Property Corporation Limited


Readers will catch a glimpse through dense tree cover of Simpsons Creek, which connects with the Brunswick River not far from the river's mouth.


On this mapping presented to Byron Shire Council on 8 February 2024, the reader can see that coastal wetlands and Simpons Creek adjoin the approximately 30.5ha development site and at times the creek comes within est. 200 meters of the proposed residential lot grid.




Wallum Estate, Torakina Road, Brunswick HeadsLot 13 DP 1251383, Revised Wallum Froglet Management Plan


Vegetation mapping with residential lot grid 


In August this year the NSW Government agency AdaptNSW released the NSW and Australian Regional Climate Modelling (NARCliM 2.0) which contain regional snapshots outlining climate projections for different NSW regions. These provide a summary of plausible future climate change in NSW relative to a baseline of average climate from 1990–2009. The projections for 2050 represent averaged data for 2040–2059 and projections for 2090 represent averaged data for 2080–2099.


The North Coast Climate Change Snapshot at

https://www.climatechange.environment.nsw.gov.au/sites/default/files/2024-08/NARCliM2-Snapshot-NorthCoast.pdf

clearly states volume ranges for sea level rise across the next 26 years (2024-2050) and across the following 40 years (2051-2090). The report expects seawater inundation heights of between 0.23m (2050) and 0.59m (2090) above the current mean sea level.


Climate Central, Coastal Risk Screening Tool, Simpsons Creek at a 0.5m sea level rise


In this mapping the projected sea level rise has already brought the ocean nearer the development site and the Simpson's Creek overflow to an est. 230m of the northern boundary of the residential lot grid by 2050. While saline creek water has entered the full length of the development site between 2051-2090 and is within less than est. 200m of the lower eastern boundary of the residential lot grid.


It doesn't take much imagination to realise that high rainfall events and storm surges will in future have a greater impact on Wallum ‘EnviroDevelopment’ Estate and with land, incapable of natural drainage likely to continue with poor drainage issues with or without climate change impacts, also likely to have the natural water table raised by persistent saltwater incursion into the Wallum wetlands, the outlook is not the rosy, bright 'sea change' life many prospective Wallum land purchasers believe they are buying.


Echo, 2 October 2024:


What’s under the hood of the environmental certification that the Wallum Brunswick Heads greenfield development relies on for its environmental credentials?


Like many developments across the nation, developer Clarence Property’s Wallum urban estate has been certified as an ‘EnviroDevelopment’.


It is clearly marked on www.wallumbrunswick.com.au, and it has been awarded accreditation across all six of its categories – water, energy, waste, materials, community and ecosystems.


A leaf is awarded for each category that has passed the technical standards.


Paid-for accreditation

This paid-for accreditation is awarded by the Sustainability and Research division of the Urban Development Institute of Australia (UDIA), based in Queensland.


UDIA describes EnviroDevelopment certification (www.envirodevelopment.com.au) as ‘a scientifically-based branding system designed to make it easier for purchasers to recognise and, thereby, select more environmentally sustainable homes and lifestyles’.


To be accredited with an EnviroDevelopment certification, developers need to, ‘demonstrate that an ecological net gain will be achieved for the project in relation to local native vegetation communities and fauna habitat resources.’


Yet throughout the Save Wallum campaign, ecologists, councillors, MPs and residents have raised issue with the claims that the development will produce an ecological net gain, and say instead that threatened ecological communities (TEC) are in danger.


Frog habitat claims. According to www.envirodevelopment.com.au/projects/wallum, ‘2.6ha of high-quality endangered wallum froglet habitat will be created as part of the early site works, which is monitored and protected during subdivision construction works to ensure success’.


Yet ecologist and Save Wallum campaigner, James Barrie, says, ‘The expectation that the threatened species of “Wallum” tolerate the contentious offset arrangements such as the machine-dug ponds (that are well known to fail for these rare acid frogs), poses a very real risk of local extinction of these species’.


There has been considerable outcry from several notable ecologists since, with detailed reports about why this is misleading, and does not constitute a ‘ecological net gain’ in practice by any standards.’


Stormwater design

The EnviroDevelopment website also claims of Wallum: ‘The site is also subject to an innovative stormwater design outcome which utilises the drainage characteristics of the existing sandy material on the site to treat stormwater without the need for extensive networks of underground concrete pipes and pits.’


Former Byron Shire Councillor, Duncan Dey, who is also a civil engineer specialising in flood hydrology and stormwater design told The Echo, ‘Clarence Property are relying on an “innovative” concept of recharge (my term for it). This is usually just to save money, but in this case, it is because the site is too flat to drain’.


The lack of hydraulic gradient is bizarrely even noted in the DA Consent Conditions of May 2023, just beneath Condition 11b).


The site simply doesn’t offer sufficient fall to drain correctly. Hydraulic gradients of less of one per cent are generally unacceptable. This project proposes a channel way flatter than that.


Several eminent local ecologists have developed outstanding knowledge of the Wallum site over recent decades’, says Mr Dey.


They have watched this development progress down the conveyor belt of NSW Planning, and found issues with most of the ecological reports.


The developer’s consultants omitted entire species, as well as coming up with proposals to recreate unique habitat to replace that which will be destroyed.


The Echo asked NSW Fair Trading if they ‘had any interest in ensuring the EnviroDevelopment certification is fit-for-purpose, or if not, can you please direct The Echo to who can?’


A NSW Fair Trading spokesperson replied, ‘Unfortunately, I haven’t been able to track down and confirm a NSW agency who may be able to provide you with commentary on your request’.


ACF comment

When presented with the draft story, Australian Conservation Foundation (ACF) investigator, Martine Lappan, told The Echo, ‘It is difficult to assess the integrity of an accreditation system when the application documents property developers submit are not made publicly available’.


A grand claim about protecting the environment may serve as a marketing tool, but that doesn’t make it scientifically accurate or even something that can be held to account under the law’, Ms Lappan added.


CP replies

Clarence Property was offered an opportunity to comment on this story.


Its CEO, Simon Kennedy, replied, ‘there are numerous factual errors in the story provided, and we dispute the ecological assessments made by Save Wallum Inc through its ecological interpreter both publicly, and those recently made under oath at the NSW parliamentary inquiry into the environment’.


We have followed all required environmental and bio-diversity requirements under the statutory approvals given to us to proceed with this project that will provide much needed housing for the Byron Shire’.


This story was provided to UDIA in draft form for comment numerous times, but no comment was forthcoming. [my yellow highlighting throughout this news article]


Friday, 6 September 2024

The battle continues to save Wallum Wetlands from further encroachment by developers

 

Clarence Property Corporation Limited - issuer of the PDS for Clarence Property Diversified Investment Trust (formerly Westlawn Property Trust) & Epig Lennox Property Trust - through its subsidiaries Clare Property Corporation Limited and Bayside Brunswick Pty Ltd continues to insist it has a right to swing its wrecking ball through what remains of natural landscapes in coastal areas of the NSW Northern Rivers region.

Currently it has eight largescale development projects in northern New South Wales listed on its website.

The Wallum development at Brunswick Heads is one of these sites and Lot 13 DP 1251383 and environs on Torakina Road, Brunswick Heads NSW, has been a bone of contention for years as the local community continues to resist this 'zombieDA'.


Wallum Land
IMAGE: Mac Maderski at savewallum.com
Vegetation mapping of Lot 13 DP 1251383 and environs


Echo, 29 August 2024:









Both opposing parties regarding the 126-housing Wallum development in Bayside, Brunswick Heads, are claiming a victory after the latest court decision, handed down on August 23 by Justice Bromwich.


In a statement, Save Wallum Inc, say the Federal Court upheld the stop-work injunction.


Spokesperson Svea Pitman said, ‘The main contest before the court at the further hearing of Save Wallum Inc’s interlocutory injunction application was the controversial construction of nine artificial frog ponds, which are proposed as part of the early development works’.


Justice Bromwich accepted that the construction of these ponds may pose a risk to the site’s Wallum sedge frog population, and has blocked any construction of the proposed ponds until a final determination of the matter.


The orders otherwise permit very limited works, including installation of bunting, regeneration of the seed bank along sandy tracks and weed maintenance – strictly without the use of weedicides’.


The trial is scheduled to begin October 14, Ms Pitman said.


Meanwhile, developer Clarence Property says it is ‘looking forward to progressing with its approved housing estate in the Byron Shire after the Federal Court injunction was amended to permit key works to continue’.


CEO Simon Kennedy repeated his comments around the ‘critical need for new housing in the shire that had been identified by Byron Shire Council’.


He said, ‘We believe the court’s ruling affirms our commitment to responsible development and environmental stewardship and we will continue to respect the legal process as we work towards the final determination of this matter in October’.


Our focus now is on ensuring safe access for our contractors and progressing with this essential project.’


Ms Pitman added, ‘This is another major win for our community and for the race to save this unique wallum ecosystem’.


High ecological value

Save Wallum advocates say they celebrated Friday’s outcome, ‘viewing it as a critical step toward protecting one of the last intact wallum heathland ecosystems in the Byron Shire’.


Ms Pitman added, ‘This is another major win for our community and for the race to save this unique wallum ecosystem’.


The high ecological value of this area is undeniable, with its floristic diversity, absence of invasive weeds, and the presence of so many threatened species’.


She continued, ‘Australia has the highest rate of mammal extinction globally, and in the Northern Rivers, we are on the frontline of the climate crisis.


It’s heartening to see the court’s decision ensuring that no destructive works can proceed at this stage.’

~~~~~~~~~~~~


Save Wallum Incorporated v Clarence Property Corporation Limited [2024] FCA 967 interim injunction ruling can be found at:

https://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCA/2024/967.html