July 22- 28, 2018: Issue 368

Bayview seniors development: Sydney north planning panel Notice of Public Meeting now listed on DPR Webpage

Powerful owls at Bayview golf course perimeter - photo taken 12/12/2017 - photo supplied.
In April 2017 Pittwater Online ran the news that a NSW Department of Planning and Environment Planning Services Delegate issued a Site Compatibility Certificate (SCC) for a development within Bayview Golf Course. The application and an accompanying report, first received by the Department on May 3rd 2016, under Clause 25(4)(a) of the State Environmental Planning Policy (Housing for Seniors of People with a Disability) seeks to establish the construction and occupation of seven (7) separate buildings of predominantly 3-4 storeys in height for the purposes of 95 in-fill self-care dwellings with ancillary services and facilities. 

The application had previously been rejected due to flood risks and because it was slated to be built in a high priority wildlife corridor, home to many vulnerable species including powerful owls and microbats.

In February 2018, with a Development Application (DA2017/1274) now lodged with council and submissions being received, an overview of the scope of the development and its impact, and the campaign by the club itself exhorting members to make submissions 'for', so the club could remain financially viable through the $ gained from the developer, an update was run. The DA 'Submissions' resulted in 459 submissions being received; 320 in support, 139 objections - many of the 'fors' identifying themselves as members of the club. 

In Bayview Golf Club Development Proposal  Reignites 'How To' Keep The Wildlife Corridor And Community Safe Questions (Issue 346) the community concerns, such as a list of the fauna that would placed at risk through habitat loss and loss of foraging areas (proponent lists these in 'In response to ‘Natural Environment Referral Response – Biodiversity’, July 5th 2018' as 'Some possible indirect impacts through loss of some potential roosting habitat', or, 'Some possible indirect impacts through loss of
some foraging habitat', as  'not a significant impact' against most of the species listed), concerns about evacuation issues if there are fires(Revised Bushfire Report lodged 09/07/2018) Page 9; 'It will be recommended that the Bush Fire Evacuation Plan be prepared for the new facility in accordance with the NSW Rural Fire Service guidelines for emergency management plans as part of this development" - page 17 "Access for fire services and opportunities for occupant evacuation will be considered adequate for this property.", as well as the perception that if this application is approved it will create a significant precedent, not only for the whole area but also further developments on the golf course itself;

"If seniors 4 storey apartments can be built in the middle of a high priority wildlife corridor, and that's not considered 'environmentally sensitive' nor worthy of protection, then we can expect similar large scale seniors living complexes to be built on any wildlife habitat or ecologically sensitive land in the Northern Beaches.

"If the DA is approved and 4 storeys is allowed on this site then expect to see 4 storeys or higher everywhere in the vicinity, including on rural land that borders on any residential land (under SEPP Seniors Housing legislation). Also on other golf courses in the NBC area or see even further development on this same golf course site, as a precedent will be have been established. Once this precedent happens Council will have no power to enforce height rules. If this is DA is approved then the SEPP Seniors Living legislation and the SCC legislation will be used by developers to develop as much land as possible all around the area."

Running concurrently was and is a petition created by Bayview residents opposed to the development that has now attracted well over 32 thousand signatures against the development as Issue 368 is published.

As the Cost of Work is listed as $ 84,131,144 it was expected the proponents would go to the Sydney Planning Panel North if refused by council. In fact the proponents had already lodged their DA in January, prior to the Local Planning Panels becoming mandatory for all local councils on March 1st, 2018.

In this instance it is the Sydney North Planning Panel who will decide the matter with a Public Meeting Notice published this week, prior to any announcement of 'for' or 'against' by council. 

The Public Meeting will be held on Wednesday August 8th at Dee Why. Those who wish to address the panel must register to do so. Details run below.

During the Winter School Holidays break, and on the heels of the SNPP Public Meeting announcement, the following was received:

The Editor
Pittwater Online News

Re: Pittwater Online Coverage of Proposed Seniors Housing Development at Bayview.

Look around the Northern Beaches and you’ll see battles being waged in nearly every electorate between residents’ action groups and the state government. From Manly to Palm Beach, the warzones are green spaces, open spaces, heritage buildings and community facilities. The terms of conflict are consistent: the government is attempting to override local opposition to overdevelopment in underserviced Northern Beaches suburbs. Mainly through the regional Planning Panel set up by the Government, even going against expert advice on specific developments from their local MP and their previous Planning Minister .

The immediate factors are the back-to-back victories of a business first (people second) Baird/Berejiklian government, which decided in 2016 to forcibly merge councils and appoint administrators to oversee decision-making. Stripped of local representation through their Council, the residents were forced to self-organise to oppose reckless developments.

The deeper trends are the subject of academic debate. How does the modern individualised subject who no longer sees himself or herself as belonging to a neatly identifiable bloc choose to engage in politics? Frequently, it seems, by joining a residents’ action group.

The common refrain by those whose commercial interest is interrupted by these groups is to accuse them of NIMBYism, naive tree-huggers unaware of economic imperatives. Developers argue that they are responding to demand fuelled by Australia’s soaring ageing population with very, very little regard for biodiversity & the local character of the area.

A classic example is the $200 million Bayview Golf course development of 95 luxury retirement units, 4 storeys high on OPEN SPACE and within a high priority Wildlife corridor with the need to remove some 252 mature trees (with hollows)

32,187 people have signed a Change.org petition to "Ban development in wildlife corridors" 

The Bayview Golf course development proposal DA2017/1274 ( rejected once ) will be determined, not by the large Northern Beaches Council, but by the Sydney North Planning Panel of 5 panel members on 8th August 2018 at N B Council Chambers Dee Why .

John Peterson

Mr. Peterson has also forwarded the following:

To the Premier The Hon. Gladys BEREJIKLIAN, & The Hon Rob Stokes MP
Copy to N B Council

Premier Berejiklian please ACT ! Withdraw Bayview SCC NOW ! – issued despite non-compliance with SEPP Seniors legislation !

Over 32,132 people request a ban on any building development at 52 Cabbage Tree Road Bayview NSW ; Being namely the Waterbook/ Bayview Golf Club Seniors Living proposal of 95 units to be built in the centre of the Pittwater largest High Priority Wildlife Corridor –zoned OPEN SPACE , the proposal would have a significant impact on the amenity of adjoining properties. The problems below:
  • The 7 buildings of 3-4 storey buildings are not the same as neighbouring “low rise” buildings & therefore not “compatible.” The only building larger than this is the “Delmege” building in Mona Vale.
  • The land must be owned by a registered Club and it may not be, when developed.
  • It Is interesting that the Senior Landscape Architect with Northern Beaches Council, has come out and noted that the dominant built form is NOT CAPABLE OF INTEGRATING with the landscape and is contrary to the requirements of SEPP 2004 and Pittwater DCP21.
  • The development does not recognize the desirable elements of the existing character of the area and fails to meet the requirement set under clause 33 of SEPP 2004 being “ Neighbourhood amenity and streetscape”.
  • Replanting of trees to replace the 252 trees to be removed, are outside proposed development – not inside it.
  • Unit mix is weighted to 3 bedroom instead of a 50-50 mix of 2 and 3 bedroom Units. 
  • The development before Council and Planning Panel is on a larger scale than the site compatibility certificate was issued for. 
  • Lack of documentation for NSW Dept of Primary Industries -Water to grant approval for water management. (Department of Industry Referral Response 16/05/2018)
  • Proposed “Flood mitigation work “ is prohibited on all sites.
  • The project fails the “Public Interest “ test. 
  • No plans for footpath to nearest bus stop (clause in SEPP2004)
  • Non-compliant re: key objectives of the Draft Greater Sydney region Plan 2017 (Greater Sydney Commission)
  • Inconsistent with Planning priorities N16/17 & 19 in the revised North District Plan (GSC)
  • Non -Compliant with draft Greener places policy (NSW Gov 2017)
  • Non-compliant with environment protection objective of the EPA Act.
  • Doesn’t satisfy any of the objectives of the RE2 Zone in Northern Beaches LEP.
  • Non-Compliant with provisions of Northern Beaches Development Control Plan. 
  • Doesn’t satisfy the guarantees that there will be no permanent adverse impacts on threatened species, Eg Powerful Owl and Microbat colony & other fauna, established on the proposed site .
Yet, apart from the above-mentioned problems & non-compliance, the NSW Planning still “approved in principle “ the proposed development by issuing a Site Compatibility Certificate in March 2017 and left it up to the Northern Beaches Council and the Sydney North Planning Panel, to make the final determination for this project via DA 2017/1274 on 8th August 2018. 

The NSW Planning should have revoked the second SCC.

John Peterson

Bayview Seniors Housing Development: Notice Of Public Meeting

NB: This is run as a Community Service, NOT a paid for advertisement
Description                                     Date Uploaded Document Size
Notice of Meeting 8 August 2018   18-Jul-2018 445kb

Planning Panels
Notice of Public Meeting
Sydney North Planning Panel
The Panel will meet to determine the following:
1825 Pittwater Road & 52 Cabbage Tree Road, Bayview
Construction of Seniors Housing consisting of 95 units including golf course upgrades and infrastructure works.
When: Wednesday 8 August 2018 at 5.30pm
Where: Northern Beaches Council Administration Building,
725 Pittwater Road Dee Why

Relevant documents will be available on the Planning Panels
website (www.planningpanels.nsw.gov.au) at least seven days before the meeting.
To register to speak at the meeting, please contact the Planning Panels Secretariat before 4pm on Monday 6 August 2018 on
(02) 8217 2060 or email enquiry@planningpanels.nsw.gov.au
Any person may attend the meeting to observe.

The Panel is required to make an audio record of the meeting and make the recording publicly available on the Planning Panels website. You should be aware that this may include your personal information if you are presenting to the Panel.
For more information: (02) 8217 2060 or visitplanningpanels.nsw.gov.au

Sydney North Planning Panel
Panel Reference: 2018SNH001 DA
Type of Matter: Development Application
Planning Panel: Sydney North Planning Panel
LGA: Northern Beaches Council
DA Number: DA2017/1274
Project Title: 1825 Pittwater Road & 52 Cabbage Tree Road
Project Description: Construction of Seniors Housing consisting of 95 units including golf course upgrades and infrastructure works
Address/Location: 1825 Pittwater Road & 52 Cabbage Tree Road, Bayview
DA Lodgement Date: 19-Dec-2017
Status: Public Determination Meeting Scheduled
Type of Development: Capital Investment Value > $20M and lodged before 1 March 2018
Date DA Registered with Secretariat: 08-Jan-2018
Capital Investment Value: $84,131,144
Panel Meeting Date: 08-Aug-2018
Panel Meeting Time: 05:30 PM
Panel Meeting Venue: Northern Beaches Council Administration Building, 725 Pittwater Road Dee Why
Regional Panel Chair: Peter Debnam
Description Date Uploaded Document Size
Notice of Meeting 8 August 2018 18-Jul-2018 445kb
Record of Briefing 27 Feb 2018 23-Mar-2018 114kb