Some 250 concerned local residents attended yesterday's [Monday, April 8] Land and Environment Court's public conciliation conference.
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The on-site conference was held as part of an application for the development of 65 lots in North Manyana bushland.
Shoalhaven City Council rejected the proposal in February 2023 - hence the on site hearing.
Six representatives from the community told a Senior Land and Environment Commissioner why they believed the development should be rejected.
Indigenous woman Haley Calford Walker said the developer's First Nations heritage assessment had been conducted by non-Aboriginal people and had downgraded the Aboriginal culture and significance of the site.
She pointed out that mistakes made in the past where country had been degraded should not be repeated, but "rather used as a lesson to guide us with future decisions".
Haley said that the spirits of her ancestors were still present in the bush site and we should learn from their ancient wisdom.
Luca Bastock, a 17-year-old student from Ulladulla High School, told the commissioner that she had grown up around the bush and ocean surrounding Manyana which had already witnessed the impacts of climate change through flood and fire.
The high school student said she was resigned to the fact that she probably would not be able to afford to live in the area in the future.
Luca said that despite the developer portraying his proposal as part of the solution to the local housing crisis, "it was in fact a scheme for wealth creation".
Luca told the hearing that there is no need for any further housing development in Manyana at all as more than 60 percent of homes lie dormant for 10 months each year in the holiday town.
Nonetheless, Luca said that Manyana's surroundings served as a respite for many of her young friends who enjoyed visiting from the wider local area to "escape from reality'' to the pristine bush and ocean.
Luca said that it is important for young people to "fight for the things that sustain us''.
After 38 years with Fire and Rescue NSW and retiring as Chief Superintendent and deputy captain of the local Brigade, Rob McGowan delivered a stinging assessment of the proposed DA.
He said the developer's bushfire assessment was inadequate.
The retired firefighter said the proposed eight to 25 metre Asset Protection Zone for existing properties on Curvers Drive would not have been enough to save them during the fires of January 2020.
He also said that the proposed BAL 29 [Bushfire Attack Level] was wrong and went on to explain that the inadequate water supply in the area as evidenced during the Black Summer fires would mean that a further 65 residences would represent a drain on firefighting resources that would come at the expense of existing properties in the area.
Representing Manyana Matters Environmental Association, Bill Eger said environmental issues from the developer's previous DA had not been addressed.
He said that if the development was to go ahead much of the endangered habitat, particularly that of the Illawarra Lowlands Grassy Woodland would be destroyed.
The development also poses a threat to the Inyadda Beach ICOLL [Intermittently Closed and Open Lakes and Lagoons] further putting at risk the many endangered shorebirds that inhabit the area, according to the residents.
A submission by Rob Aldis, a local with much experience in civil engineering, was read to the court.
Mr Aldis is recovering from surgery and could not be there in person.
His concerns centred on the 250,000 tonnes of imported fill that the development would need to recreate the land-form around the estuarine zone to a height of three metres.
The fill, according to Mr Aldis's submission, would lead to erosion and pollution of two creeks that run through the site and flow out to Inyadda Beach.
"The import of the fill would require 6,000 truck movements in and 6,000 movements out along the Bendalong Road, which already suffers from continuous damage from overuse and poor maintenance," the Aldis submission stated.
The Aldis submission also pointed out that the developer had not conducted a traffic report on local roads.
Mr Aldis is also concerned that the cost of the development at $16.6m is seriously out of date. His submission suggests the $500,000 on earthworks would now be more likely to run up to $5m.
The landscaping estimate of $100,00 was also far too low in Mr Aldis's opinion.
Red Head Villages Association Public Officer Gerry McCarthy told the commissioner that the developer had failed to communicate with the local residents prior to lodging his revised DA with the court, which had been sprung on the community during the busy holiday period of early January this year.
Nevertheless, some 235 individual submissions were lodged with council within a matter of weeks.
Gerry told the court that residents' concerns centred around:-
- environmental impacts - RHVA endorses the submission from Manyana Matters;
- how civil services, infrastructure, and head services would cope in a flood-prone area with initial construction and ongoing maintenance;
- contamination of soil around site;
- sewerage and wastewater, noting that the DA relies on figures from latest capacity model done in 2008;
- negative visual and olfactory impacts of sewerage stacks;
- Bushfire risk and
- unsustainable financial constraints - Shoalhaven City Council already has a financial deficit which would come under further pressure from ongoing infrastructure and maintenance costs of the new development.
Although the DA allows for 65 lots, under the current council's planning rules the site could yield 260 homes which will be investment properties, not affordable housing, the residents claim.
Gerry offered a solution to the impasse between the developer and the community over the site.
He proposed the site become a wildlife corridor to the Conjola National Park, with Council, NSW and Commonwealth Governments coming together with First Nations groups to purchase and manage it in the future.
Gerry said that the Milton Ulladulla Structure Plan requires offsets of which the Inyadda Beach site could join.
All submissions can be found at https://www3.shoalhaven.nsw.gov.au/masterviewUI/modules/ApplicationMaster/default.aspx?page=wrapper&key=152193&propkey=99869 SF10921 and the community will now await an outcome.