Western Sydney Conservation Alliance media

Media Releases

Western Sydney population forum organised for May 30 at St Marys

ADI Site bulldozed - Never give up, take action

ADI Site - Peter Garrett and David Bradbury must act

Planning Minister called on to reject and amend Penrith Council zoning plan
500 hectares of Priority Conservation Land at risk of subdivision

Western Sydney Conservation Alliance

Wednesday 28th April 2010

ADI Site - Bulldozing of rare bushland signals the beginning of the end for Western Sydney's last great bushland remnants

Bulldozers today rolled at the ADI Site in Penrith clearing 6 hectares of the critically endangered ecological community, Cumberland Plain Woodland. The clearing by J K Williams on behalf of developer, Delfin Lend Lease, is the first 6ha of a total of 360 ha within the Penrith LGA. 3500 dwellings, some up to 6 stories are proposed.

The news of the clearing has been met with sadness by the many opponents of the development. Recently they called on Peter Garrett the Federal Environment Minister to intervene in the imminent clearing. Peter Garrett was called on to act to overturn a dubious approval decision by the former Howard Govt in 2002 that allows Delfin Lend Lease immunity from Peter Garrett's Federal Environmental Law. Meaning they do not have to refer any development proposals to the Federal Minister for assessment. Peter Garrett was asked to consider, as he is allowed to do under section 207A of his federal environment law, to list additional areas of the sites critically endangered CPW as Critical Habitat.

But correspondence recently received from the Minister in response to that call from the Western Sydney Conservation Alliance indicated a complete lack of political will and an unwillingness to interfere in Delfins development plans.

"Peter Garrett could of acted, he has the capacity under his legislation to intervene, but he has turned his back on us and our environment. The reality though is he is just one of many of our political leaders that have done the same. The same is true of Kristina Kenneally who had the opportunity when she was Planning Minister to amend the ADI Site zoning plan. She was called on by WSCA to rezone CPW at the site from urban to conservation. She ignored our calls. So sorry is this ADI story is that the finger of blame must be pointed at hundreds of political leaders across all levels of government. This has been a shameful chapter in the history of Western Sydney one which its residents should never forget".

"People should never give up though. This is just 6 ha's and there are many more approval processes that Delfin need to get in order to get their way. We must take a stand and say enough is enough. In this day and age we should never accept housing that comes at the cost of our critically endangered natural heritage. Everyone should pick up their phones today and speak directly to their local elected representative from Council, State and Federal Government to let them know enough, its just not on anymore. What is happening here at ADI is the thin edge of the wedge and unless we collectively say no to the overdevelopment of our suburbs, this development cancer will move right across Western Sydney and before we know it we will have no bushland, no rural areas and another million people to cope with"

Only one tree appears to have been left on the 6 ha site. The massive bulldozers of JK Williams, a local civil engineering firm, remain on the site ready to resume earth works on Thursday

Comments attributed to Geoff Brown President of the Western Sydney Conservation Alliance Inc

Media Release
Western Sydney Conservation Alliance

12th March 2010

Peter Garrett and David Bradbury must act

The Western Sydney Conservation Alliance (WSCA) has written to Peter Garrett the Federal Environment Minister and David Bradbury the Federal Member for Lindsay requesting that they urgently intervene to stop Delfin Lend Lease clearing hundreds of hectares of Critically Endangered Cumberland Plain Woodland (CPW) at the ADI Site. CPW was only recently declared Critically Endangered by Peter Garrett. Delfin Lend Lease in coming weeks propose to commence works within their first subdivision along the Northern Rd. WSCA wants Peter Garrett to use every avenue available to him under the Environment Protection Biodiversity Conservation Act 1999 (EPBC Act) including the declaration of Critical Habitat, to protect the CPW proposed to be bulldozed within the 360 ha of Delfins development in the Penrith LGA.

Peter Garrett recently told the Sydney media that his hands are tied to stop the clearing of CPW at the ADI Site due to an environmental certificate for the entire site issued by the Howard Govt in 2002 (assessment of the site allegedly conducted sometime in the 1990's and the subsequent environmental certification issued retrospectively to Delfin in 2002). WSCA claims that the certification by the Howard Govt, based on an alleged environmental assessment in the 1990's, and issued in 2002, is scientifically dubious and politically compromised.

"It is absolute rubbish that a proper environmental assessment of the ADI Site was conducted in the 1990's by the Howard Government. The certification that Delfin has from John Howard, that Peter Garrett and David Bradbury are now hiding behind, is severely compromised and simply dodgy. The bottom line is Delfins certification is dubious due to Delfin and the Howard Govt being joint venture partners until 2004. That alleged environmental assessment would have been fudged to ensure Delfin a big development footprint and the Howard Govt the maximum profit from the sale of the ADI Site to Delfin in 2004" said Geoff Brown of WSCA.

"In the 1990's the ADI Site was routinely slashed by Delfin to deliberately minimise the regrowth of Cumberland Plain Woodland so any environmental assessment conducted under those conditions would be scientifically dubious. As anyone that drives along the Northern Rd can see there is now healthy forest and grasslands when once it looked like a bowling green. We are now seeking from Peter Garrett copies of the alleged assessment to check its validity"

"The current situation is that due to this dodgy certification Delfin have immunity from Peter Garrett's Environment Protection Biodiversity Conservation Act 1999 (EPBC Act). They would be the only developer in Australia with a get out of jail free card to clear Critically Endangered vegetation. This is simply appalling and Peter Garrett and David Bradbury must put a stop to this Howard Govt rort and defend the Natural Heritage of Western Sydney."

"We believe that Peter Garrett can use his Federal Law to protect more of the ADI Site. There appears to be grounds for him to declare CPW with Delfin development areas Critical Habitat. This would mean a much larger conservation area and would deliver a continuous conservation corridor linking to bushland to the north and south of the site. People would cheer reducing the overdevelopment of Penrith"

"What is concerning is that David Bradbury is close to Delfin having been part of a delegation with Delfin and Penrith Council that met with Peter Garrett's Dept in 2008. The meeting was to discuss amendments to the National Estate listed areas of the proposed Regional Park, that being that Delfin be allowed a land swap to develop CPW within the National Estate areas in exchange for the protection of the same amount of CPW within Delfins development areas. Peter Garrett's Dept told the delegation that this would trigger a review of the Howard Govt certification under the EPBC Act with the likely outcome that Delfins development would be severely reduced because Peter Garrett would be obliged to protect CPW within those development areas. The delegation dropped its support for changes to the RNE boundaries. This exemplifies how dodgy the ADI development is and that for two years David Bradbury has been aware that the Howard Govt's certification is out dated, flawed and allows hundreds of hectares of CPW to be cleared. What is also clear is that Peter Garrett can do something and has scope under the EPBC Act to protect CPW within development areas.

"Now that all this has been exposed we expect action by Peter Garrett and David Bradbury."

Media Release
Western Sydney Conservation Alliance Inc

Monday, 23 November 2009

Planning Minister called on to reject and amend Penrith Council zoning plan
500 hectares of Priority Conservation Land at risk of subdivision

The Issue

Penrith City Council (PCC) wants Dept of Planning (DoP) to approve stage 1 of their draft Local Environmental Plan (LEP) by the end of the year. Councillors recently supported 2 hectare subdivision zonings (RU4) on over 500 hectares of rare bushland that the NSW Dept of Environment Climate Change and Water (DECCW) have identified as Priority Conservation Lands in their draft Cumberland Plain Recovery Plan. DECCW recently admitted in answers to Budget Estimate Questions that the success of the Recovery Plan depends of the protection of the Priority Lands. The draft Recovery Plan is now on public exhibition until December 18. The NSW Government previously allowed Biodiversity Certification of the Sydney Growth Centres on the basis that destruction of endangered species in those areas would be offset by protecting the Priority Conservation Lands on the Cumberland Plain.

http://www.environment.nsw.gov.au/threatenedspecies/RecoveryPlanningCumberlandPlain.htm

Council's stage 1 draft LEP requires final approval by Kristina Kenneally the Planning Minister.

The Land in question is part of 1800 hectares within the Penrith LGA claimed from the Crown by the Deerubbin Local Aboriginal Land Council (DLALC). DLALC state in their Business Plan the intention to actively pursue zonings off PCC to facilitate development outcomes. DLALC, following lobbying of DoP, DECC and PCC, have also had a restrictive E2 conservation zoning on a further 1200 hectares of claimed land deferred until stage 2 of the Penrith LEP (2010)

The Western Sydney Conservation Alliance (WSCA) recently met with senior reps from the Office of the Planning and Environment Ministers Office and Dept's and alerted them to this looming planning disaster. WSCA highlighted the hypocrisy of the NSW Government to be putting out policy to protect the Priority Conservation Lands but at the same time be working hand in glove with a land owner to allow those very areas to be developed. WSCA now call on Kristina Kenneally to fix up this mess and make amendments to the draft LEP to ensure the protection of some of the greatest remnants of Cumberland Plain bushland.

Comments

"We call on Kristina Kenneally to reject and fix up Penrith Councils ridiculous Local Environmental Plan. This is another massive disaster in the making for both the NSW Government and the environment of western Sydney. This 500 ha of land must be zoned for conservation. " said Geoff Brown President of the Western Sydney Conservation Alliance.

"This 500 plus hectares of bushland is heavily vegetated with vast numbers of endangered species that the Recovery Plan identifies for protection. The very reason these species are endangered is due to zoning decisions that have allowed subdivision and clearing of bushland. And here we go again allowing more fragmentation and degradation of the little that remains."

"The public should be outraged at the hypocrisy of the NSW Government. This is parallel universe stuff. On the one hand they are releasing policy documents that claim will protect what's left of western Sydney's environment, the Priority Lands, yet on the other they are weeks away from signing off on a plan that is the first step in the destruction of those very areas."

"This example already makes the Recovery Plan look like a joke. How can it succeed when planning authorities can simply ignore it? If the government is serious about protecting the Priority Lands then it needs to act. It can start by rejecting Penrith Councils pro development LEP and it can then seek to legislate to protect these lands and ensure the success of the Recovery Plan."

"These lands are in the marginal seat of Londonderry and the government needs to be reminded of that political reality."

Attached are DoP Budget Estimates answers
DECCW Budget Estimate Recovery Plan answers

http://www.parliament.nsw.gov.au/prod/lc/qalc.nsf/18101dc36b638302ca257146007ee41a/188536b5617e4d27ca25763900330ec0!OpenDocument
http://www.deerubbin.org.au/Final-CLBP-290609.pdf

Media Articles

11/5/10 Penrith Press article ADI protesters vow fight not over

7/5/10 Penrith Press Letter to Editor

19/3/10 ADI Site fight not over. Penrith Press

10/3/10 ADI Site. Peter Garrett must protect Cumberland Plain Woodland. Daily Telegraph

22/1/10 WSCA population growth/bush care groups Penrith Press

22/1/2010 Penrith LEP Letters to Editor Western Weekender

15/1/10 Critique of Penrith Council Western Weekender

8/1/10 Penrith LEP Clover Moore writes to Tony Kelly Western Weekender

18/12/09 Penrith LEP Daily Telegraph letter

16/12/09 Penrith LEP Daily Telegraph

11/12/09 Penrith LEP Zoning Wars Western Weekender

10/12/09 Penrith LEP Penrith Star