Rhetoric no match against Zombies

For decades developers have purchased land along the Eastern seaboard hoping to one day make their fortune by subdividing their acreages into housing lots. This is all very legal and the process is simple. All they have to do is enquire of the local Council if zoning will allow subdivision. Take as an example Anderson Avenue in Tuross Head. Following enquiries on the zoning and allowable development of a lakeside property investors lodged a development application soon after the purchase. In doing so they entered a "contract" with Council that both parties agreed a subdivision could occur under the rules of the day. But what if that Development Application was lodged more than 30 years ago to sit on the shelf waiting the perfect timing where the market needs land and the market will pay handsomely based on the rules of supply and demand. For some that might sound like and excellent investment strategy but for others it is called a Zombie. In March 2023 NSW will have a State Election. The Greens Bega candidate, Cathy Griff, met with ‘Friends of Coila’ group at Tuross Head this week when at the event ‘Farewell to Peace at Tuross’, organised by concerned local residents. Ms Griff, based in Bega, is calling for residents and visitors to the south coast this summer to be informed of threats to their favourite holiday places by ‘zombie developments’, which she says are poised to transform large swathes of the coastal environment. “Beach goers on the beautiful south coast these holidays are likely unaware of the developments about to take place in these sensitive coastal environments. As land values rise, dormant development applications (DA’s) approved between eight and 36 years ago, under regulations vastly different from those in place today, are being re- activated with little input from local planning authorities or the need to meet a Biodiversity Development Assessment Report.” It should be noted that the regulations in place today allow the developments to continue under the conditions agreed to at the time of the Development Approval. Cr Griff explained to the gathering that the Greens planning policies won’t allow for this to continue. “The Greens propose existing DA’s over five years old should be reassessed through the planning system, with inappropriate approvals required to redesign, take a land swap or receive compensation where appropriate. This five year consent cap to dormant land is required today. We understand some level of development will take place however in full awareness of the latest ‘State of the Environment’ report and the threats of climate change and sea level rise, we must ensure that 2022 standards be applied to these old approvals.” Councillor Alison Worthington of Eurobodalla Council said, in a media statement, of the community concerns held for any suggested environmental impact of the Tuross Head development: “It is vital to consider the broader picture when looking at the amount of land clearing taking place for development and the need for reform of the NSW Planning system in regard to zombie developments. It is not about isolated patches of land but about habitat destruction right up and down the coast from ten to 100 hectares, in Yamba and Kingscliff, through to Manyana, Callalala, and Culburra and of course right here in the Bega electorate.” “Minor tweaks to the planning regulations in 2020 placed only slightly more obligation on a developer to ‘show physical commencement’ to keep their DA’s from lapsing if not completed within five years. The NSW Government chose shoring up ‘investment certainty’ over applying contemporary environmental assessments to protect our coastal villages from outdated 1980’s subdivisions.” Cr Griff told the assembled "we need representatives in state parliament who will stop the developer onslaught from wrecking our precious coasts forever and to restore faith in the planning process". The ‘Friends of Coila’ group have been lobbying to have Eurobodalla Council apply contemporary environmental assessments to the development. As it stands the development appears to be going ahead under the outline of the original Development Application as allowed by NSW Planning and the Eurobodalla Planning Department. As such it appears that Councillors will be unable to overturn such 'zombies' as they would be immediately challenged in the Land and Environment Court that will rule on law rather than sentiment. It will now be up to groups such as ‘Friends of Coila’ to clearly establish any legal grounds that might overturn the development or impose contemporary environmental assessments.