Hawks Nest case study highlighted in Greens development report

IN mid-2022, Greens MP and planning spokesperson Cate Faehrmann embarked on a fact-finding mission to towns and villages across the NSW coast at risk from ‘unsuitable and inappropriate development’.

Last week Ms Faehrmann published her findings in a 40-page report titled ‘Concreting our Coast – The developer onslaught destroying our coastal villages and environment’, which includes a case study of a planned development in Hawks Nest.

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Mungo Developments Pty Lty submitted DA2022/0834 to Council in early August 2022, with development plans to establish a 437 lot caravan park on the beach side at 288 Mungo Road, comprising of 342 short term lots and 95 reserved for occupation under the Holiday Park (Long Term Casual Occupation) Act.

With plans to be marketed as a ‘bushland retreat’, the concept for the 15.03 hectare lot focuses on short term tourist accommodation and does not seek approval for long term sites or permanent residents.

The location previously received approval for a caravan park however the grant has since lapsed.

Currently in the exhibition period, MidCoast Council is welcoming public submissions until 10 October 2022.

According to Ms Faehrmann’s report, approximately 8.69 hectares of land will be cleared if the development is approved, home to both koalas and squirrel gliders.

The report also raises concerns over the development’s location.

“The development area is situated in bushfire prone land making it an irresponsible area for development of medium density accommodation, especially with regard to the limited access in and out,” the report states.

While Ms Faehrmann has not attended the site personally, she said she is monitoring the situation closely and liaising with local stakeholders.

How widespread is the problem?

Having met with coastal communities from Tura Beach on the far south coast to Kingscliff in the Tweed, Ms Faehrmann said everywhere she visited “inappropriate and unsustainable developments are being considered by councils and Regional Planning Panels”.

“I did the Far South Coast and the Shoalhaven region where there is a lot of pressure.

“I did the Mid North Coast, towns like South West Rocks, Scotts Head, Coffs Harbour and Red Rock, and I did Yamba and the Kingscliff area,” she said.

“I haven’t managed to visit every site impacted by development yet, because every time I do something on it, more individuals and community groups contact me with something happening in their area.”

What is a Zombie DA?

A major focus of Faehrmann’s report focuses on ‘Zombie’ DAs, a term which describes developments which were granted approvals decades ago.

Large numbers of these DAs, now in some cases 30 or 40 years old, have been acted upon in NSW in the past several years.

Under current planning laws, development consents lapse after five years if works have not begun on the site.

However, until recently an approval could be kept alive indefinitely by completing minor works.

Development approvals granted before the laws were changed still remain valid, which means approvals as far back as the seventies, eighties and nineties can still be activated and developed.

“A key factor behind the report being produced was highlighting that ‘Zombie DAs’ were assessed sometimes in the eighties or the nineties, and as such were approved decades ago,” she said.
The Greens are calling for a moratorium of development in sensitive coastal areas and a modern assessment of all Zombie DAs.
“Find the development applications that were assessed decades ago, and have them assessed under contemporary, modern day environmental and cultural heritage assessment laws,” she said.

Ms Faehrmann expressed concerns that even when Zombie DAs are assessed against contemporary cultural and environmental planning laws, they are assessed individually, failing to address the impacts of approving multiple new development projects in one area.

Impacts on community, infrastructure, wildlife and habitat

Throughout the report, Ms Feahrmann stresses the negative impact coastal development approvals can have on habitats for native wildlife.

“The reason these species are threatened is that their habitat keeps getting destroyed.

“It’s death by a thousand cuts for them,” she said.

“Think about what we have experienced over the past three years as a state in terms of climate risks.

“How can we say that because this block of land was approved in 1993 that we have to sit back and we can’t do anything to stop the clearing of sensitive bushland in 2023.

“We know so much more about climate risk and extinction, and we now have the data to show these threatened species are on the brink.”

Feahrmann also addresses the pressure large scale development in small coastal communities can place on an area’s infrastructure and key services.

“These small coastal villages are often being asked to take on hundreds if not thousands of new houses.

“So many of these towns have been struggling with services.”

In particular, Faehrmann raises the issue of access to health care services if resident numbers rise sharply in a small community.

“If they (small towns) are lucky enough to have a GP or two, their books are often closed.

“It is very difficult to provide health services for an ageing population and some of these proposed developments are also for seniors living.”

How did we get here?

Ms Feahrmann describes the current “litany of unsustainable and inappropriate developments right along the NSW coast” as a “massive failure of the planning system and the State Government to ignore the issue and allow developers to get away with this”.

She said NSW was crying out for appropriate housing in appropriate locations, and that planning must be led by community need, not developer greed.

“All of the decisions are being made in the interests of developers,” she said.

“Developers come forward and say ‘I have this block of land and I want to build here’ as opposed to sticking to a strategy that makes sure we conserve what’s left and we build affordable housing, social housing and housing that is actually needed, not just more holiday accommodation.

“The State Government needs to show leadership here, making sure decisions being made around development are being made alongside regional strategy.

“I don’t think that is the case at the moment.”

Communities push back

All along the NSW coast, communities are banding together to push back against the tide of ‘unsuitable’ development applications targeting their towns.

More than 25 local community groups, many which formed to fight these developments, have signed onto a set of Framework Principles to ‘Save our Coast’.

“I have coordinated a couple of Zoom meetings where community groups from across the state have jumped on,” said Ms Faehrmann.

“This involves sharing strategy, and groups where people can share stories and tactics, or what people are doing well.

“It is a way of skill building and empowering communities to have their voices heard,” she said.

“The decisions that are made in the next twelve to 24 months will determine whether we still have the beautiful NSW coast as we have now, or how much of it will be lost.”

By Doug CONNOR

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