Good afternoon. Thank you for the opportunity to address Council regarding PSR24/001 Planning Proposal – 207 Broulee Road.
I am presenting on behalf of A Better Eurobodalla (ABE), a community forum dedicated to having open, accountable and responsive government. ABE believes that the key principles for good governance are transparency, clear communication and meaningful consultation based on accurate, professional advice. The Planning Proposal before you today does not meet any of these criteria and should not receive your support to proceed to Gateway Determination.
The report from Council’s Planning and Sustainability Services lays out very clearly multiple reasons why this Planning Proposal should not be supported.
At the strategic level, an independent assessment by a planning consultant found that the Planning Proposal contradicts:
- both Regional and local planning strategies, such as the Rural Lands Strategy, as well as State Environmental Planning Policies and numerous Ministerial Directions under the NSW Environmental Planning and Assessment Act;
- the intended character of development in the C4 Environment Living zone and the proposed uses which are allowed in this zone under the Eurobodalla Local Environment Plan; and
- preliminary work on the Eurobodalla Housing Strategy which has already identified lands suitable to be developed for housing to adequately meet projected population growth in the shire beyond 2041.
This independent assessment also found that although the Planning Proposal describes the development as an “Agrihood” (a term with no formal meaning), the block sizes and proposed housing types are actually urban in character. Consequently the density of the proposed development will require the provision of significant infrastructure (roads, drainage etc) which has not been planned or budgeted for and which will put an enormous strain on Council resources. It will divert funding away from existing growth areas at Batemans Bay, Tomakin, Rosedale, Moruya South and Dalmeny and impact Council works across the shire.
This unsolicited Planning Proposal will add an extra 800 houses and an estimated 1,800 residents to Broulee impacting both the character of Broulee Village and the adjacent Illawong Nature Reserve which surrounds it to the north, south and east. The wetlands in the Nature Reserve constitute endangered vegetation which provides habitat for a number of threatened species. The Planning Proposal has not explained how it will avoid impacting on these wetlands and the threatened species they support, as well as the associated waterways. Large areas of endangered vegetation have already been cleared around Broulee to accommodate over 400 new houses as part of the Broulee Beach Estate, which has seen the size of Broulee grow by 50%. This Planning Proposal would almost double that again.
If the report provided by Council’s Planning and Sustainability Services does not convince you that this Planning Proposal lacks strategic and site-specific merit, then consider the approach and track record of the developer, Brightlands Living.
This Sydney-based developer has consistently failed to provide Council with adequate documentation to back claims that his development would be sustainable and environmentally beneficial. He has not provided details about how his Planning Proposal will increase the diversity and affordability of housing in the Eurobodalla. He has attempted to justify proposed commercial uses, which are prohibited in the C4 Environmental Living zone, by saying that he will prepare a site-specific Development Control Plan to allow for this type land use. This is not possible under NSW planning legislation. He has also failed to demonstrate how the environmentally sensitive areas surrounding the Planning Proposal would be protected and impacts on the aquatic habitats avoided. To quote Council’s report ‘the Planning Proposal and supporting documentation has not considered any environmental investigations, geotechnical limitations, community engagement or cost estimates associated with servicing the development’.
There are multiple inconsistencies in this half-baked proposal, which fails to demonstrate how many of the so-called benefits will be achieved in practice. So much so, that the independent planning consultant concludes by saying ‘the proposal represents a large urban expansion that seeks to present itself as a low density environmental living development in a currently un-serviced and isolated rural area requiring significant infrastructure development’.
The community was not consulted throughout this process, instead the developer spoke to a few select entities, most of whom are now adamant that their responses have been misrepresented as support for the Planning Proposal in the documentation provided to Council. This raises questions of probity and throws into doubt the credibility of the developer. So what are his credentials and his track record in relation to environmentally sustainable development? Ed Fernon is the CEO of Brightlands Living, there is no one else. He was a property consultant in Brisbane before heading up Brightlands Living which only has 3 projects on its website : one in Leura, which is Brightlands Wellness Retreat; a draft proposal at Hilltop, which appears to be a retreat and function centre, and another draft proposal for a high rise at Woolloongabba in Queensland. There is no evidence he has any background in the kind of development being proposed for Broulee.
The Planning Proposal does not follow accepted planning practice, is inconsistent with existing planning strategies, has not provided sufficient supporting documentation and has not engaged openly and honestly with the affected community. By voting to support it you will be setting a dangerous precedent for unplanned, unwanted and inappropriate development in the Eurobodalla. This may make some residents question whether their Councillors are really representing the community rather than an opportunistic property developer. Consequently, I urge you to take on board the advice provided by Council’s planning staff and vote to reject this Planning Proposal.
A Better Eurobodalla 