Showing posts with label Wallum wetlands. Show all posts
Showing posts with label Wallum wetlands. 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]


Sunday, 21 April 2024

Fight continues over the fate of those parts of Wallum Wetlands in private hands


Wallum Land
IMAGE: Mac Maderski at savewallum.com
 


You are literally holding a front line between extinction and survival.... We must stand strong together. You are mighty powerful. You are the frontline. You are even bigger than this magic place, Wallum, and together we are going to win this.” [Greens State MP & Northern Rivers resident Susan Higginson addressing the March Against Zombies on 1 March 2024]




Torakina Road, Brunswick Heads NSW, Lot 13 DP 1251383 and environs


Vegetation mapping of Lot 13 DP 1251383 and environs


Echo, 19 April 2024:


The company behind the Wallum housing development in Brunswick Heads is once again taking Byron Council to court, this time for allegedly holding up its planned earthworks at the site in an unlawful manner.


As thousands of locals continue their campaign to save the heathland site from becoming home to 124 housing lots, Clarence Property has lodged an appeal against Council’s ‘deemed refusal’ of its stage 2 subdivision works certificate.


The developer needs Council to issue this certificate, which is essentially a procedural box-ticking exercise, before it can start undertaking bulk earthworks at Wallum.


But the process has been delayed by Council requesting additional information from Clarence about stormwater management, and seeking further consultation with the traditional owners.


The developer is arguing that this delay amounts to a ‘deemed refusal’ of its subdivision works certificate because of the length and nature of the delay, and has lodged an appeal against this refusal in the Land and Environment Court (LEC).


An application to the Land & Environment court is an increasingly common approach that Developers look to take in order to preserve their legal rights with local councils,’ Clarence Property CEO, Simon Kennedy told The Echo.


It’s not Clarence Property’s preferred approach; however, where a matter becomes protracted or political, it may be the best way to resolve the issue.’


Second court case


It is the second time Clarence has commenced proceedings against Council in the LEC for deemed refusal of a subdivision works certificate in the past three months.


On the first occasion, which related to a construction certificate for ecological rehabilitation works, Clarence halted its action against Council when a slim majority of councillors voted to sign off on the certificate.


The February 8 casting vote by mayor Michael Lyon was supported by councillors Mark Swivel, Asren Pugh and Alan Hunter.


They argued part of the reason for authorising the works certificate was advice provided by Council’s legal team, which suggested that Council had few prospects of successfully defending such a case.


This was largely because the development had already been approved by the Northern Regional Planning Panel.


If Council had chosen to pursue the matter and then lost, they suggested Council could have faced a substantial legal bill that included paying Clarence Property’s legal costs.


However, there is strong support from the Save Wallum campaign, the community and other councillors, to pursue legal action regardless of the likely outcome.


They argue that taking this step could encourage the developer to amend its plans, or at least buy time for other avenues to bear fruit.....


The Wallum site, located next to the Bayside housing estate, is home to multiple threatened species, including the wallum froglet and the wallum sedge frog....


On the morning of Thursday 18 April 2024 at its monthly meeting Byron Shire Council again considered the matter set out below. As of Sunday 20 April the minutes of this meeting have not been published on its website.


BYRON SHIRE COUNCIL

STAFF REPORTS - SUSTAINABLE ENVIRONMENT AND ECONOMY 13.9

Ordinary Meeting Agenda

18 April 2024 page 148

Report No. 13.9 Wallum Subdivision DA10.2021.575.1 -

Response to Council Resolution 23-454 -

Stormwater and Cultural Heritage Site

Inspection Plan

5 Directorate: Sustainable Environment and Economy

Report Author: Chris Larkin, Manager Sustainable Development

File No: I2024/260

Summary:

Council considered a Notice of Motion 9.2 Wallum DA10.2021.575.1 referral and assessment Agenda of Ordinary (Planning) Meeting - Thursday, 12 October 2023 and resolved under Parts 5, 6 and 7 of Resolution 23-454 to receive certain assessments of certain plans, and for those assessments to be reported back to Council.

This report responds to Parts 5(e) and (f) in terms of stormwater maintenance management plan for the existing drain (Condition 12), the Cultural Heritage Inspection Plan (Condition 18), Part 6 in terms of further consultation with the traditional custodians of the land and Part 7 in relation to further stormwater commentary around Condition 11.

The development has been approved in a number of stages. The matters for consideration in this report relates to three of the sixteen conditions relevant to Early Stage 2 Bulk Earthworks.

Based on the assessment below, staff recommend that Council notes the report.


RECOMMENDATION:

That Council notes the report Wallum Subdivision DA 10.2021.575.1 - Response to 25 Council Resolution 23-454 - Stormwater and Cultural Heritage Site Inspection Plan.... 


Put on the spot in state parliament last month the NSW Minister for Planning & Public Spaces Paul Scully pointed to his referral on 10 October 2023 of the question of historical development applications to the NSW Legislative Assembly Committee on Environment and Planning.


The Committee only announced its Inquiry into historical development consents in NSW and called for submissions on 19 March 2024 but makes no mention holding public hearings and is yet to publish any submissions it may have received to date.


This state parliamentary inquiry will do nothing to halt unlisted Clarence Property Corporation Limited - issuer of the PDS for Clarence Property Diversified Investment Trust (formerly Westlawn Property Trust) & Epig Lennox Property Trust - as it continues to swing its wrecking ball through what remains of natural landscapes in coastal areas of the NSW Northern Rivers region.