McGinlay offers questions on Dalmeny land sale and development

At next week's Eurobodalla Council ordinary meeting Council Pat McGinlay will be putting forward the following Questions on Notice on behalf of a local community group called ‘Dalmeny Matters’. Council McGinlay says in putting forward his Questions that "The Group was only recently and hastily formed in response to Council intentions, to sell operational native forested land in Dalmeny, for the purposes of urban development. Councillors have unfortunately, by a majority, now approved the sale of said land, and this community group have now focussed their efforts on seeking information from council staff and councillors on how the development process of the land may proceed and of the degree whereby the broader community can have input to that process." "I congratulate this group of our residents and their supporters for their interest in both the local and broader environmental considerations that they highlight via their questions, which I am happy to put forward, in regard to this issue." Question 1. When is the process of developing the Master Plan and Development Control Plan for Lot 2 DP115134, Lot 3 DP1050594 and Lot 54 DP735157 likely to commence? Council say they undertook an information session in Dalmeny in July and has prepared a website that explains the DCP and Master Planning process - Dalmeny land release area | Eurobodalla Shire Council (nsw.gov.au). The website will be updated as the process progresses and s further engagement is undertaken.

Question 2. (a) Will the public be able to be involved from the beginning of the process? (b) If so, what consultation mechanisms will be put in place to ensure meaningful community involvement? Council say that an engagement Plan has not been completed at this stage, but the community’s views on the Master Plan and Development Control Plan will be sought as the planning and designing takes place. These opportunities will be well advertised, and the community invited to participate. Question 3. (a) Does Council have the authority to direct the owners of Lots 2, 3 and 54 to not remove any vegetation prior to the Master Plan and Development Control Plan being in place, to allow assessment of conservation significance of the land as per the Local Environment Plan 4(d). (b) Will Council commit to exercising such authority? Council responds saying that they cannot direct the owners not to remove vegetation if they have a lawful right to remove the vegetation. Trees and Native Vegetation can only be removed on the Dalmeny Land Release Area in accordance with: • A planning approval under the Environmental Planning and Assessment Act 1979 (eg a Development Application under Part 4 of the Act) • The NSW State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 (Vegetation SEPP) If proposed native vegetation removal is below the Biodiversity Offsets Scheme thresholds, a permit from Council is required to remove trees in accordance with Council’s Tree Preservation Code. Council requires a suitably qualified and experienced person to prepare an assessment of significance of the impacts of proposed vegetation removal under Part 7 of the Biodiversity Conservation Act 2016 if the vegetation is threatened ecological community or habitat for threatened species. Tree removal must have a valid reason for removal for Council to issue a permit. If proposed native vegetation removal exceeds the Biodiversity Offsets Scheme thresholds, a Biodiversity Development Assessment Report must support an application for approval from the Native Vegetation Panel. Question 4. When the Master Plan and Development Control Plan have been finalised will approval by councillors of these occur at an ordinary Council meeting so that the public can see that correct processes are being followed by Council, and also enable the public to provide their views on the proposed finalised Plans Council's response is Yes. The draft Plan will be reported at a Council meeting to proceed with public exhibition. After exhibition, Councillors will consider all submissions at a Council meeting and decide whether: (a) approve the plan in the form in which it was publicly exhibited, or (b) approve the plan with such alterations as the council thinks fit, or (c) decide not to proceed with the plan. Question 5. Will any Development Applications that have been, or that may be lodged in relation to the three Lots, be assessed and approved by Council staff, the Councillor body or by a higher State Assessment panel? Council's response is that they comply with the requirements of the Environmental Planning and Assessment Act 1979 for all Development Applications (DAs). The DAs associated with the Dalmeny Land release are expected to be assessed by Council staff and the public is notified of subdivisions of more than 10 lots. Where required, Council will notify/advertise the DA and make referrals to internal departments and external agencies. Some developments may also require a specific approval or licence from another authority (eg the NSW Rural Fire Service or the NSW Department of Planning, Industry and Environment) under other legislation. This is known as integrated development and Council must refer the application to the relevant authority and seek its general terms of approval. More information about the Development application process is available on Councils website. There is no requirement for subdivision of this land to be considered by a ‘higher level state assessment panel’ nor for it to be referred to Council for determination. An application maybe considered by Councillors at a full Council meeting if the application is called up by Councillors.