September 1 - 30, 2026: Issue 658

 

Lizard Rock-Patyegarang Proposal Withdrawn

On Wednesday September 2 2026 an email was received from the Sydney North Strategic Planning Panel advising the Patyegarang (Lizard Rock) Planning Proposal to construct a 450-home housing subdivision in Belrose has been officially withdrawn by the Metropolitan Local Aboriginal Land Council (MLALC).

The withdrawal may indicate the Rural Fire Service did not compromise on safety standards for the scale of housing requested. 

Wakehurst Independent MP Michael Regan, who introduced a Bushfire Protection Bill in 2025 that was voted down in May 2026,  categorised the withdrawal as a "win for our community". He noted that the development would have decimated native environment equivalent to over 45 rugby fields and created a severe hazard for future homeowners and emergency responders.

Mr. Regan was Mayor of the council that rejected he proposal. At an extraordinary Meeting at 10am on Tuesday January 24 2023, the now named 'Northern Beaches Council', confirmed it would reject an offer to be the Planning Proposal Authority for a plan that would see housing constructed in bushfire-prone land.

The council, even when named 'Warringah Council', had opposed a plan to develop land at ‘Lizard Rock’ along Morgan Road in Belrose due to a high fire risk it would place residents in, and the destruction of natural bushland which is home to endangered fauna and flora species.

Because the proposal was voluntarily withdrawn rather than formally rejected on its merits by the planning panel, the land is not permanently protected. The MLALC retains the ability to alter and resubmit a new planning proposal for the site in the future.

Background

In August 2022 a Development Delivery Plan (DDP) for 6 sites owned by the Metropolitan LALC in the Northern Beaches LGA was approved by the NSW Department of Planning. This is bushland located at Lizard Rock (Morgan Road), Aquatic Drive, Forest Way, Corymbia Circuit, Paxton St, and Ralston Ave. The sites are spread across the suburbs of Belrose, Davidson, Frenchs Forest, Oxford Falls and Allambie Heights.

The DDP responds to the Aboriginal Land Rights Act 1983, which established Aboriginal land councils to manage land to provide an economic base for Aboriginal communities as compensation for historic dispossession and ongoing disadvantage.

The Department of Planning confirmed in 2022 of the nine sites (totalling 912 ha) owned by the MLALC across the Northern Beaches Council LGA, only the 71ha Lizard Rock site had been endorsed by MLALC members and the NSW ALC to be actively investigated for land dealing. The Morgan Road proposal was identified as the short term priority as it had 'the most potential for development'. The MLALC wanted the land rezoned to deliver up to 450 dwellings on 71 hectares of bushland and hundreds of millions to support their programs for their members, just as any other development company.

The remaining 5 sites could have planning proposals or DAs submitted over the next 5 years. 

The NSW Planning Department stated then; 'We may expand the Northern Beaches Development Delivery Plan (DDP) if additional sites are investigated to ensure any planning proposals are consistent with its objectives.'

These sites are habitat for native flora and fauna, including endangered species. They also contain Aboriginal culturally significant sites and creeks that flow into Narrabeen Lagoon catchment.

By 2022 the Save the Northern Beaches Bushland group, formed through the work of Nicole Romain, was one among the local groups which brought together people who had concerns about the planning proposal on Morgan Road, Belrose, along with other sites across the area. 

The 'Save the Northern Beaches Bushland' group stated in their PON Profile:

''We are not opposed to needed development in the northern beaches, and are very much in support of Aboriginal self-determination, but not at the cost of our last precious natural bushland areas.'' 

The Save the Northern Beaches Bushland included Manly to Barrenjoey peninsula and adjacent area First Nations members who stated they are opposed to the development. Some of their concerns related to as yet unmapped sacred sites on the land holdings while others wanted a return to 'singing up of country', which in essence precludes destruction of bushland areas.

''As an Aboriginal woman birthed on the North Shore l say thank you for trying so hard to protect our creation. Power to the People.'' one said of the group

Group members were also calling for a change in the culture in Department of Planning and the Decisions made in the NSW Land and Environment Court, where an ever-evolving state government housing and planning policy overrules council LEPs and DCPs. 

''The current model is just ongoing destruction of bushland and doesn't take on board new ways of thinking and improving design and building, they continue with the old models.''  one member of the group stated

The group, along with the Northern Beaches Envirolink, has been at the core of two rounds of 'consultation' on the then renamed Patyegarang (Lizard Rock) Planning Proposal, with over 1100 community individual and groups responses to the first round in 2022 and over 3700 in the second round, which closed on November 7 2023.

Concerns over the destruction of biodiversity and threatened species were raised in 76% of those first round responses as of primary concern.

The Dept. of Planning's response to this was:

High level constraints mapping indicates the sites contain threatened species, high value vegetation and ecologically significant areas. Detailed studies, including ground truthing of this constraints mapping, would be required to confirm each sites biodiversity values and the legislative assessment requirements that would need to be addressed in any future development proposals.

Any future planning proposals or development applications would be subject to the same environmental assessment and legislative requirements as any other proposal at the planning proposal or development application stage.

However, as any proposal running through the NSW Planning Department then, as now, is able to be 'offset', the destruction of endangered ecological communities and animal species (wildlife), and habitat is rarely a reason to discontinue the destruction of these - only the potential loss of human life can stymie 'progress'.

After another rejig of the proposal and another round of 'public consultation', on Wednesday, 11 December 2024 the Sydney North Planning Panel released the decision it had made immediately after the Public Meeting held on the Lizard Rock/Patyegarang proposal for 450 dwellings on Monday December 9.

As the Planning Proposal Authority, the majority of Panel members (Peter Debnam, Blake Cansdale and Steve O’Connor) determined to recommend to the Department of Planning Housing and Infrastructure (the Department) that it continue to liaise with the NSW Rural Fire Service (RFS) in order to ascertain what changes might be required in order to gain the support of the RFS to the Planning Proposal. If the support of the RFS is forthcoming, the Panel would be prepared to recommend to the Minister that the proposed instrument should be made, subject to revisions.

Annelise Tuor and Graham Brown determined not to recommend to the Minister that the proposed instrument, as described in Schedule 1, should be made.

The majority of Panel members concurred generally with the NSW Department of Planning’s Post Exhibition Report that the Planning Proposal is capable of demonstrating strategic merit, however did not agree that site-specific merit could be met in terms of bushfire hazard mitigation given the concerns raised by the RFS. 

Mitigation of bushfire risk had been canvassed extensively throughout the assessment of the Planning Proposal and while work had been done, the endorsement of the RFS had not been obtained. The Panel noted that in its most recent correspondence dated 15 October 2024, the RFS maintained its opposition to the Planning Proposal proceeding further as it had failed to adequately address all relevant requirements of Planning for Bushfire Protection 2019. 

The RFS stated in the second last paragraph of its correspondence dated 15 October 2024:

“While I understand that while this decision may disappoint many, the RFS remains committed to working with the Department of Planning, Housing & Infrastructure in terms of how our concerns in respect of the Planning Proposal may be addressed.”

Similarly, in the final sentence of earlier RFS correspondence dated 9 November 2023, the RFS had stated that “Additional bushfire protection measures will need to be proposed to further mitigate the risk to an acceptable level.”

It was therefore recommended that the NSW Planning Department and Proponent further engage with the RFS to 'resolve all outstanding concerns'.

The three supporting and thus the 'majority of Panel members' (Peter Debnam, Blake Cansdale and Steve O’Connor) made no mention of the loss of biodiversity and the wildlife that would be killed or die as a direct result of their homes being destroyed in their Decision.

The 'minority of Panel members' (Annelise Tuor and Graham Brown) acknowledged that the site’s constraints, including its steep topography, high bushfire risk and large extent of natural vegetation, are significant factors that the Planning Proposal had sought to address. They found that 'In balancing the benefits of providing 370-450 additional dwellings and the aim of the proponent, MLALC, to achieve self-determination through economic development, against the impacts likely to result from development envisaged under the Planning Proposal, it was concluded that the impacts of the proposed development outweigh the benefits'.

In particular, it was noted that despite numerous amendments and further information, the RFS and Biodiversity, Conservation and Science Group (BCS) remained unsupportive of the Planning Proposal.

The site and surrounding area are a high bushfire risk. Given the RFS advice, it was noted that the Planning Proposal is inconsistent with Direction 4.3. As “written advice from the Commissioner of the NSW Rural Fire Service to the effect that, notwithstanding the non-compliance, the NSW Rural Fire Service does not object to the progression of the planning proposal” has not been obtained, this inconsistency has therefore not been justified. Consequently, the minority were of the opinion, that in the absence of RFS support for the Planning Proposal, it should not be made by the Minister.

Michael Regan had by then won the long-held Liberal seat for the Wakehurst Electorate as an Independent, and was soon joined in the NSW Parliament by Jacqui Scruby, as an Independent MP for Pittwater.

On September 17 2025 the Minns Labor Government announced it is introducing landmark legislation to deliver more homes through a modern, faster, and fairer planning system for NSW.

An issued statement said the NSW Planning System Reforms Bill 2025 is designed to make the planning system quicker and simpler to navigate, so that more homes and jobs can be delivered across the state.

Scruby and Regan were two of only four representatives of their communities who voted against the Minns Labor Government’s Environmental Planning and Assessment Amendment (Planning System Reforms) Bill 2025, which passed the upper house of the NSW Parliament on Tuesday November 11, Remembrance Day 2025, with the support of the opposition coalition.

This has been named 'Developer-led Legislation' and, through subsequent add-ins since, such as last week's formalised 'Community Participation Plan' - which, in removing a swathe of development types from exhibition, achieves the opposite - means proposals in flood zones and bushfire zones are now being passed by the local Council and the NSW Planning Department. 

Although Ms Scruby successfully moved an amendment to protect native habitat as part of the objects to the act when the Bill was passing through the Legislative Assembly, and Wakehurst MP Michael Regan successfully moved an amendment to ensure protections and consent requirements for bushfire prone land were reinstated, he introduced the Environmental Planning and Assessment Amendment (Bushfire Protection) Bill 2025, which sought to respond to concerns over rapid development in high-risk areas and better alignment between development approvals and safety standards.

As the Bill conflicted with the Bill passed by both the Coalition and Labor members in November 2025, [Environmental Planning and Assessment Amendment (Planning System Reforms) Bill 2025], it would not get through.

However, the core concerns - bushfire in a high risk zone causing deaths from a political, not policy, point of view, and the loss of habitat, biodiversity and wildlife from the stance of those who persist in pointing out the obvious - remain unresolved.

As the Metropolitan Local Aboriginal Land Council (MLALC) has spoken of the site hosting cultural celebrations and sharing of knowledge throughout their narrative, it is hoped this aspiration may be supported at local, state and federal level, and realised; that the place renamed after Patyegarang, a teacher, becomes a heart for truth telling and teaching in Sydney, not only generating income in the practice of a Traditional honouring and celebration of the Seasons - and Unbroken Songlines - but through the establishment of an MLALC 'bush university'.

Imagine being able to attend such a place.

Previously: