Showing posts with label property developers. Show all posts
Showing posts with label property developers. Show all posts

Friday 13 September 2024

Talking 'zombie developments' with the NSW Government & Parliament in 2024

 

Excerpt from Tweed Shire Council's 17-page submission to the NSW Parliament, Legislative Assembly Committee on Environment and Planning, Inquiry into Historical development consents in NSW , dated 16 May 2024:


"(a) The current legal framework for development consents, including the physical commencement test.

The current legal framework requires an impact assessment in accordance with the objects and requirements of the Environmental Planning and Assessment Act 1979 (the "Act") prior to granting a consent.

Consents do not expire if they are commenced and for developments approved before 15 May 2020 it is too easy to prove commencement under the Act. This allows a consent approved decades ago and therefore assessed against decades old conditions to remain valid today.

As site conditions change and scientific knowledge advances, the impact assessments for these consents fall further apart from reality. As long as consents can continue to sit on land without expiration, the Act's objects are impossible to meet.


(b) Impacts to the planning system, development industry and property ownership as a result of the uncertain status of lawfully commenced development consents.

In failing to meet the Act's objects, historical development consents fail to achieve ecological sustainable development or consider climate change. The current legal framework requires authorities to explain to the community how such developments are

legally allowed to proceed (subject to procedural requirements) even while causing environmental damage that would be highly unlikely to be approved today. The balance between protecting private interests against confidence in the public planning system

and protection of the environment falls squarely in favour of the former.

Our understanding of disaster risk has improved through experience and is now considered with each assessment. Lacking this assessment in the past, historical development consents can place people and property at risk.

The extent of historic development consents that exist is unknown. Even recent development consents may become historical development consents in the future as site conditions and scientific knowledge change.

Local councils and communities are often unaware of a historical development consent in their backyard until a developer seeks to recommence that consent. Current register searches and prescribed documents for the conveyance of land do not allow for communities to factor potential developments into their purchase. In addition, whether a consent is a danger of recommencing is often beyond the knowledge of even the local council.

Approvals-based reporting faces the same concerns. The ability to effectively landbank and delay indefinitely results in reporting mechanisms being unable to adequately predict or rely on housing and development delivery by virtue of existing approvals


(c) Any barriers to addressing historical development consents using current legal provisions, and the benefits and costs to taxpayers of taking action of historical development concerns.

The barriers to addressing historical development consents and preventing new historical development consents lie primarily with a lack of funding, a lack of legal mechanisms that exist in other jurisdictions and a lack of certainty in the effect of existing legal provisions.

The Act contains a power to revoke a development consent in return for compensation.

No funding exists for this power and having never been tested, the extent of compensation owed is uncertain. Local councils can also acquire land. A similar lack of funding applies here by way of opportunity loss.

It may be possible to challenge a consent on grounds that it was not commenced.

However, before 15 May 2020, works as minor as inserting survey pegs into the ground were sufficient to show commencement. Accordingly, it is unlikely such a challenge would be successful.

Local councils can require developers comply with existing conditions of consent.

Conditions framed to the effect of "to Council's satisfaction" may be of assistance in barring consents from proceeding. Similarly, local councils can notify relevant authorities of developments that require additional approvals subject to savings provisions.

Local councils may be able to utilise the power under the Act to impose conditions on new consents to limit the period that consent may be carried out. This power's reach has not been tested in Court and may not extend to effectively imposing a quasicompletion date for construction and subdivision consents.

The Federal Government has the ability to require an approval for developments if they would harm certain threatened species. It does so by imposing an offence for proceeding without an approval. This requires action on behalf of the Federal Government and only applies to a selection of species set out in the Environment Protection and Biodivers;ty Act 1999 (Cth) (the "EPBC Act").

Zoning of land can be reviewed to ensure land is correctly zoned for development.

Insufficient resources are available to regularly undertake such reviews with sufficient depth and frequency. ......"

[my yellow highlighting]


Tweed Shire Council's full submission can be read at:

https://www.parliament.nsw.gov.au/ladocs/submissions/86141/Submission%2032%20-%20Tweed%20Shire%20Council.pdf


It is noted that Clarence Valley Council did not make a submission to this parliamentary inquiry. Even though, like many other local government areas having a extensive coastline, it has also been under sustained pressure to continue an historic practice of inappropriately developing floodplain land.


ECHO, 12 September 2024:


The 2022 floods in South-East Queensland and NSW are the costliest natural disaster for insurance costs in Australian history. As of June 2023, the ICA (Insurance Council of Australia) estimates the February-March 2022 floods in South-East Queensland and NSW have caused $5.87 billion in insured damages,’ according to the Australian Treasury. And that doesn’t include all those who were uninsured or the $5 billion that modelling showed the 2022 floods cost the economy.


So why are we continuing to allow developers to build on floodplains using development applications (DAs) that are ten or twenty years old and we know will cause significant future costs to our communities and governments – costs that will be in the billions of dollars and that ultimately we are paying for via our taxes and rates?


This was the question under discussion in Brunswick Heads on September 5 as concerned residents and community groups, CLAI Wallum, Friends of the Koala Inc, MPs and committee members of the NSW Parliamentary Inquiry into Historical Development Consents in NSW – aka ‘zombie’ developments met.


Zombie developments

A key part of the discussion is how to deal with legacy, or ‘zombie’ developments and their future impacts on flooding, fire and the environment. These are DAs that have been approved and have sat idle for years with only minimal work done in the first five years that then allows the DA to remain active indefinitely into the future. That is, they can be activated and developed under the original DA that does not have to take into account current legislation and learning, like the heights of the 2022 floods, and in the cases of Gales Holding in Kingscliff and Iron Gates in Evans Head they can fill floodplains and build on them with no reference to the impact these developments will have on existing and future housing, businesses and infrastructure.


This scourge on coastal communities along the entire NSW coast, has been very well documented in the report “Concreting our Coast: The developer onslaught destroying our coastal villages and environment” by Greens MP Cate Faehrmann,’ Kingscliff Ratepayers and Progress Association (KRPA) explained in a submission to the inquiry.


Following the meeting KRPA President Peter Newton told The Echo that: ‘Kingscliff and other areas of the Tweed Shire remain under threat from these historic approvals on the floodplain and in ecologically sensitive areas. The association welcomed the opportunity for a full and frank dialogue on the risks we are facing and the potential for planning reforms.’


Some recommendations from those attending the roundtable included potential buybacks or land swaps for these historically-approved DAs.


The financial cost of recovery to communities and governments is eye-watering,’ said KRPA in their submission.


We need to shift the emphasis from spending on flood recovery to spending on flood prevention and mitigation. This may require billions in, for example, compensation/land swaps to acquire such historically approved land from developers, but we need to start somewhere. Governments are spending billions on each flood event – this at least would be a one-off cost. This cost cannot be met by councils (and therefore ratepayers) and needs to be addressed at the state and federal government levels.’


Don’t use it, lose it

Stricter regulations around how long a DA can remain active were also put forward with president of the Evans Head Residents for Sustainable Development Incorporated (EHRSDI), Richard Gates, saying that ‘fixed use-by dates for commencement and completion of DAs’ need to be implemented....


Read the full article at:

https://www.echo.net.au/2024/09/what-can-be-done-about-dangerous-zombie-das/


Sunday 21 July 2024

Michael & Natalie Hercus along with 10 other landowners are allegedly seeking to harm or destroy up to 1.5 million Indigenous artefacts on North Lismore Plateau


Banyam Baigham, The Sleeping Lizard
Click on image to enlarge









Michael McDonald Macky Hercus and Natalie Hercus (née Michaels) appear to be ensconced in one half of a $5 milllion dollar duplex on a leafy upmarket street in Point Piper, Sydney NSW. With her father Harry occupying the other unit.


Michael is the director and company secretary of Mackcorp Pty Ltd whose sole shareholder is Hercus Investments Pty Ltd. Hercus Investments in turn has both Michael & Natalie as directors and Natalie as the sole shareholder. Michael is also sole director, sole shareholder & company secretary of Allura Parklands Pty Ltd.


This former rugby union player & investment advisor and active property developer along with his former Sky News presenter wife are whimsically classified by realestate.com.au among the celebrity buyers and sellers of Sydney's waterside suburbs.


It could be considered unfortunate that they chose to become active participants in a move to effectively destroy the Widjabul Wia-bal People's spiritually and culturally significant Banyam Baigham (the Sleeping Lizard).


In was in May 2020 that the Winten Property Group's 2018 proposal for a large-scale 433-lot residential development on the North Lismore Plateau was rejected by the NSW Land & Environment Court.


In May 2021 Michael Hercus and Allura Parklands Pty Ltd, with other landholders Mr A J & Mrs D L Purtle, Mrs V Giacomini, Giacmor Pty Limited, Mr F Basso & Ms S Novkovic, Mrs M L & Mr G & Mrs L Mazzorana, Mrs L Massorana and Mr A R & Mrs F M Riordan, submitted their own large-scale 742 lot residential development plan for the same general area and had it refused by the Northern Regional Planning Panel (NRPP) in December 2022.


Refusing to take no for an answer this 'celebrity buyers and sellers' couple, through Mackycorp Pty Ltd, presumably along with the other ten owners, have appealed the NRPP decision in the Land & Environment Court. In the process submitting the amended development proposal for 714 residential lots, including 7 large lots and 2 ‘super’ lots for future development), 2 neighbourhood business lots, plus residual lots, public reserves and associated infrastructure.


It appears to matter not a jot to 45 year-old Michael and 46 year-old Natalie Hercus - or indeed any of the other ten owners - that they are seeking to make money from the proposed destruction of a land form respected and guarded by a people and culture which has existed on Country since time immemorial. 


Given that Mackycorp's submitted Aboriginal Heritage Assessment (May 2024) indicates that many of the artefacts found on the proposed development site would on further investigation probably fall into a pre-1199 Common Era time period, this supports the presence of ancestors of the current Widjabul Wia-bal people living in the Lismore local government area since time immemorial.


It probably wouldn't even occur to any of them that their connection to the North Lismore Plateau is as ephemeral as the aerial lifespan of a Mayfly when compared to the Widjabul Wia-bal community's presence there.





Banyam Baigham, The Sleeping Lizard

Images: Change.org & David Lowe




North Lismore Plateau rejected development proposal with the light yellow section representing "Allura Parklands" containing 45 new roads, infrastructure and more than 700 residential dwellings. IMAGE: Echo, 18 January 2023.


ECHO, 18 January 2023:


On Thursday 15 December, it took the four panellists on the Northern Regional Planning Panel (NRPP) less than half an hour, to unanimously decline the Development Application (DA) 5.2021.221.1 for the northern section of the North Lismore Plateau (NLP) also known as The Sleeping Lizard. Their overall reason? ‘Not in the public interest’.


ECHO, 20 July 2024:


The development of Lismore’s Sleeping Lizard – Banyam Biagham (the North Lismore Plateau) as a 742-residential-lot subdivision was rejected by the Northern Regional Planning Panel (NRPP) as ‘not in the public interest’.


The DA is the biggest single development ever proposed in Lismore and includes massive bulk earthworks for infrastructure.


The developer, Mackycorp, is continuing to appeal the NRPP rejection of the staged development for 742 residential lots, two business lots, a future residential lot, 45 new roads, bulk earthworks and significant infrastructure following the failed Land and Environment Court (L&EC) conciliation meeting in February this year.


On July 15, 2024 Bundjalung Elder Mickey Ryan sought to join the ongoing North Lismore Plateau Court appeal following the developer recently submitting to the court a Cultural Heritage Assessment Report, containing test pit results carried out earlier this year.


The Report recommends that the developer obtain a permit to allow the estimated half to 1.5 million sub-surface artefacts be directly impacted by construction works, i.e harmed, destroyed or desecrated,’ explained Al Oshlack from the Indigenous Justice Advocacy Network representing Mr Ryan. [my yellow highlighting]


This development with all its flaws such as traffic, flooding, storm water, and even landslides will irretrievably destroy one of the most significant Aboriginal sites in the Bundjalung country. It’s vandalism and sacrilege to such a sacred place, this development is a toxic mix of stupidity and greed,’ Mr Oshlack said.


Lismore Council failed to defend Indigenous heritage


The L&EC accepted the application by Mr Ryan to be a party to the developer’s appeal to overturn the NRPP decision.


This was based on the fact that Lismore Council had chosen not to defend the cultural heritage of the site despite this being one of the key factors in the NRPP refusing the DA, Mr Oshlack told The Echo. [my yellow highlighting]


In the statement of facts and contentions Lismore Council was not going to defend the Aboriginal cultural heritage component. Even though it was a key basis for the rejection by the NRPP,’ he said.


The developer strenuously objected to Mickey Ryan being allowed to join the case.


Mickey Ryan won the joinder on Monday based both on the arguments of public interest and for justice – they were considered valid by the court thus Mickey Ryan has now been joined as second responder.’


The L&EC hearing is set down for an onsite hearing on August 12 followed by four days in Sydney.


NOTE: The Widjabul Wia-bal are recognised in law as holding native title over more than 11,500 hectares of what remains of their land and waters held by public authorities/government agencies in the Lismore local government area.


Friday 24 November 2023

Multinational and interstate developers are devouring the Northern Rivers region one hectare at a time

 

Alan Edward Larkin
IMAGE: Linkedin
With 30 plus years experience in construction and property development, former managing director and principal of Aspect Property Group in Brisbane and current managing director of Digital Infratech Pty Ltd, Alan Edward Larkin of Coolangatta Qld, joins the conga line of multinational or interstate developers on the make in north-east New South Wales.


Mr. Larkin appears to be part of an alleged consortium involving IRBS1 Pty Ltd formerly trading as Aspect Property Group, Digital Infratech Pty Ltd solely owned by IRBS Holdings Pty Ltd & with Larkin as only listed director and, ASX-listed specialist funds manager Centuria Capital Group (currently $21 billion in assets under management with a $1.7 billion healthcare platform).


According to the Federal MP for Richmond Justine Elliot in February 2022: At the time of the land purchase [in 2019], it was widely publicly reported that Aspect had donated numerous times to the Liberal National Party in Queensland. Searches reveal that Aspect had donated more than $28,000 to the LNP in Queensland, including the infamous LNP Forward Brisbane Leadership Fund.


One has to wonder if the consortium was expecting its largesse in Queensland to translate into favourable treatment by a then Coalition state government in New South Wales.


Echo, 23 November 2023:


The rezoning of the State Significant Farmland (SSF) to build the Tweed Valley Hospital on the Cudgen Plateau near Kingscliff split the community and ultimately came with an ‘iron clad’ promise from local Nationals MP Geoff Provest that no more SSF would be rezoned.


However, the land next to the hospital site was bought by Allan Larkin, Director of Digital Infratech [Managing Director at Digital Infratech Pty Ltd, Brisbane, Queensland], just days before the announcement that the SSF would be rezoned for the Tweed Valley Hospital site. Since then Mr Larkin has proposed a mixed-use site called Cudgen Connection. Initially, they proposed that the site to be part of the stage 2 hospital development but this was rejected. Now they are imminently submitting a development application (DA) that provides private hospital and medical suites, essential worker housing, koala research centre, an education and community housing precinct and more at the 5.7 hectare site.


An artists impression of the new Cudgen Connection


Tweed Councillors write to the government


At the recent Tweed Shire Council (TSC) meeting (16 November, 2023) Councillors voted to write to Premier of NSW, Chris Minns, NSW Minister for Planning and Public Spaces, Paul Scully, NSW Leader of The Opposition, Mark Speakman, NSW Shadow Minister for Planning and Public Spaces, Scott Farlow MLC, and Member for Tweed, Geoff Provest to request advice that ‘they will uphold the integrity of the Cudgen Plateau and support the existing retention of State Significant Farmland’.....


Full article can be read at:

https://www.echo.net.au/2023/11/call-to-protect-state-significant-farmland-next-to-tweed-valley-hospital-as-promised/



Thursday 16 February 2023

Has the NSW Premier's brother Charles Perrottet followed property developer Jean Nassif's example and left the country or has he otherwise made himself 'unavailable'?

 


LEGISLATIVE COUNCIL

PORTFOLIO COMMITTEE NO. 7 – PLANNING AND ENVIRONMENT


MEDIA RELEASE


KEY WITNESSES FAILING TO CO-OPERATE WITH

PARLIAMENTARY INQUIRY INTO THE HILLS SHIRE COUNCIL AND PROPERTY DEVELOPERS IN THE REGION


FOR IMMEDIATE RELEASE

14 FEBRUARY 2023


The Upper House Portfolio Committee No. 7 – Planning and Environment has continued to face difficulties in summonsing witnesses to appear before it in its inquiry into allegations of impropriety against agents of the Hills Shire Council and property developers in the region.


Ms Sue Higginson MLC, Chair of the committee, said: "The committee invited Councillor Virginia Ellis, Mr Christian Ellis, and Mr Jean-Claude Perrottet to give evidence at a public hearing. When none responded, we resolved to take the significant step of summonsing these individuals. Parliamentary staff have since made multiple attempts to personally serve the summons on these individuals but have been unsuccessful. As none of these witnesses has come forward, I can only reach the conclusion that they are making a deliberate decision to avoid appearing before the committee".


The committee has also issued a summons for Mr Charles Perrottet to attend but understands he may not be in New South Wales at this time.


Ms Higginson continued: "The committee is extremely disappointed in the actions of these individuals in failing to come forward and co-operate. Committee inquiries are an essential part of the Legislative Council's role as a House of scrutiny and review. The failure to cooperate with this committee demonstrates a blatant disregard of Parliamentary process. Noting that we will now step up our efforts to secure the attendance of these individuals at a public hearing, including by engaging professional process servers to serve the summonses, we again call on each one of them to do the right thing and come forward".


Two public hearings will be held on Wednesday and Thursday this week in the Dixson Room, State Library of New South Wales, which will also be livestreamed on the Parliament's website. At this stage, the committee will be taking evidence from the General Manager of The Hills Shire Council and Dr Michelle Byrne, Former Mayor.


Further information about the inquiry, including the terms of reference can be found on the committee's webpage.

-ENDS


BACKGROUND


North Coast Voices, Tuesday, 14 February 2023,

"Only 39 days remaining until the NSW state election and Liberal MP for Epping & Premier Dominic Perrottet's troubles are multiplying" 


Sunday 23 October 2022

YAMBA 2022: There is an eerie fascination in watching a regional planning panel, the local council & property developers argue the case for new large subdivisions in a town which is drowning. How many people have to die before all three tiers of government turn and face the realities of climate change?


"The climate of NSW is changing due to global warming. The effects of climate change on the people and environment of NSW are expected to become more pronounced as the climate continues to change over this century." [NSW Environment Protection Authority (NSW EPA) 2021]


In or around 2021 the Australian Bureau of Meteorology (BOM) published a table of monthly sea levels for Yamba, a small coastal town in north-east NSW, for the years 1986 to 2020.  


Included as a footnote to this table was the following 

information:


Statistics 

Mean sea level = 0.952 (Average monthly means = 0.951) Maximum recorded level of 2.330 metres at 0900 hours 23/05/2009 Minimum recorded level of -0.138 metres at 1500 hours 02/11/2002 Standard deviation of the observations = 0.3949 metres Skewness = 0.1464

[my yellow highlighting]


The CSIRO "State of the Climate Report 2020" observed that sea levels are currently rising at 3.5 cm (0.035m) per decade. While NSW EPA "NSW State of the Environment Report 2021" stated that the states sea level was 3.5mm (0.035) and rising, with the Port Kembla gauge showing a mean sea level rise of around 10cm (0.1m) since 1991. 


So what does that sea level creep mean for Yamba, a town only two months away from possibly entering a fourth calendar year of increased rainfall exacerbated by La Niña events? A

 town which has experienced Lower Clarence River floods in

 December 2020, March & December 2021 and February-

March 2022. A town situated in a coastal estuary zone within

 the south-east quarter of the Australian mainland and,

 therefore with a recognised high risk of ocean warming/rising

 sea-level. [ NSW Government, Adapt NSW, 2022]


Using the latest inappropriate development application for 6.65ha in the middle of the town - currently before Clarence Valley Council and the Northern Regional Planning Panel - as a constant point the following maps show how rising sea height in the ocean off Yamba may affect local residents.


8 PARK AVE, YAMBA aka PARKSIDE OVER 50s LIFESTYLE COMMUNITY


With a sea-level rise compounding increased rainfall this is potentially what Park Ave and surrounding streets will look like in another 10-30 years at a mean sea-level which has increased by another est. 3.5cm to 10.5cm.


2030: an approximation of the effect of an expected sea-level increase of 3.5cm above 2020 Yamba mean sea-level


https://coastalrisk.com.au/viewer
Click on image to enlarge












North Coast Voices readers will notice that in 8 years time sea water is across Park Ave-Shores Drive intersection for metres, the one road "Parkside" residents can use to leave the lifestyle complex. This possibly will occur at high tide

 each day.


2050: an approximation of the effect of an expected sea-level increase of 10.5cm above 2020 Yamba mean sea-level

https://coastalrisk.com.au/viewer
Click on image to enlarge



By 28 years time in 2050 the lifestyle complex is still relatively intact but has no road access to the rest of Yamba, given the entire length of Shores Drive is under water. The local shopping mall is inundated. Police and ambulance cannot enter the lifestyle village from its single access road. 


In the decades after 2050: an approximation of the effect of a projected sea-level increase of 1.5m above 2020 Yamba mean sea-level

https://coastalrisk.com.au/viewer
Click on image to enlarge


Sometime after 2050 "Parkside Over 50s Lifestyle Community" becomes an ephemeral tidal island in an enlarged estuary.