Reply from Lake Macquarie city council to questions we had about the development application.

---------- Forwarded message --------- From: Elizabeth Lambert <elambert@lakemac.nsw.gov.au> Date: Fri, Jul 30, 2021 at 1:00 PM Subject: Response to enquiry for investigation of assessment of development application DA/1284/2013 for a subdivision at Myall Road Cardiff To: Steve Warham <saveourbush@gmail.com> Cc: Amber Murray <amurray@lakemac.nsw.gov.au> Good afternoon Mr Warham Thank you for your continued interest in this matter on behalf of the Save Myall Road Bushland Incorporated (SMRBI). I have investigated the matters raised in your email below, and provide the following additional information. The consent authority for this application was the Hunter and Central Coast Regional Planning Panel (RPP). Planning Panels were established by the NSW Department of Planning to independently determine regionally significant development applications and other planning matters. There are four Regional Planning Panels across NSW with Lake Macquarie under the Hunter and Central Coast Regional Planning Panel. The Planning Panels are independent bodies, with determinations made not subject to the direction of the Minister for Planning or the Council. When an application is considered regionally significant development, Council officers are required to assess the development application in accordance with the Environmental Planning and Assessment Act and provide a report and recommendation to the RPP. The elected Council are not permitted to be involved in the assessment or determination of the development application. This development application relates to a development by Landcom on Crown Land off Myall Road. As the value of the development is by a public authority and exceeded $5 million, the determination of the application falls under the authority of the Regional Planning Panel. The application was assessed by Council staff with a final report and recommendation, by staff, submitted to the RPP for determination. This assessment of the application is required to be made in accordance with the relevant State and local legislation. Council’s professional staff must consider the impacts of the proposal and the permissibility of the development when making their assessment and recommendation to the Panel. As noted above, the Panel is independent of both Council and the Minister for Planning and are therefore not subject to any direction of the Council in making their assessment and determination. The RPP are kept informed during the assessment of the application and in this instance were briefed by Council officers from February 2014 through to June 2020. In addition to the Council officer report, the RPP inspect the site and are provided with all application documentation, including consultant reports and submissions. Public notification of the application occurred in accordance with Council’s Development Control Plan with notification occurring in 2013, when the application was initially lodged, and again in 2018. Notification letters were sent to more than 110 properties in the vicinity of the development, including The notification also included the nearby Scout hall and Kirinari Hostel. Thirty seven submissions were lodged in 2013 with seven submissions lodged in 2018. All submissions received were provided to the RPP prior the determination being made. Members of the public were also provided opportunity to address the RPP during the determination meeting. Numerous submitters and the applicant spoke to the RPP during this meeting. As such the RPP were fully informed with information, consisting of the development application, report by Council staff, information from consultants, submitters, the applicant and the local community in their decision making on this development. In regard to your concerns regarding the ecological assessment of the site. The assessment and protection of the bushland on the site was a key consideration in the assessment of the application by Council officers. Extensive ecological assessments were undertaken on the site by ecological consultants and reviewed by Council’s ecologists. Council staff were satisfied the development will not result in a significant impact on threatened species. Further to this, conditions of consent on the development, require that bushland will be retained and managed in perpetuity as a biodiversity offset site. The clearing of the development footprint of approximately 11 hectares is balanced through the preservation of approximately 26 hectares of bushland. It is noted the development footprint is significantly less than the area of residentially zoned land on the site. Bushland to be retained includes vegetation around the Kirinari Hostel and the soccer fields. You have advised in your correspondence that the Awabakal Local Aboriginal Land Council (LALC) identified a cultural site within the development envelop. The Awabakal LALC can seek to have any newly identified site registered with Heritage NSW in the Aboriginal Heritage Information Management System. If the site is recognised as an Aboriginal Place (or similar) it will be protected under the National Parks and Wildlife Act and require an Aboriginal heritage impact permit to remove or destroy the object or place. Monetary contributions are required to be made by the developer (in accordance with Section 7.11 of the Environmental Planning and Assessment Act) for the provision of traffic, community and recreation facilities in accordance with the Glendale Development Contributions Plan. Development contributions paid to Council can only be expended on works identified within the nominated contribution plan. Works at Garden Suburb soccer fields have not been identified in the Plan and therefore these contributions cannot be spent on these facilities. Council works with many sporting and community clubs and balances their needs in regard to funding and works allocations. Funding for sporting clubs comes from many sources, Council works with clubs to help to secure funding. The Garden Suburb soccer club are planning on upgrading drainage for their facility with funds obtained from grants for example. While I understand you are disappointed in the determination of the development application, I can assure you Council officers acted with professionalism and integrity in assessing the application and making the recommendation to the RPP. Should you require further information please don’t hesitate to contact me. Warm regards Elizabeth Lambert Manager Development Assessment and Certification T 02 4921 0448 M 0407 913 654 E elambert@lakemac.nsw.gov.au lakemac.com.au