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Penrith City Council - environmental protection or just green wash
 
40 hectares of Cumberland Plain Woodland at Erskine Park that Penrith Council allowed to be cleared. CPW has recently been listed as a Critically Endangered Ecological Community (one step from extinction) by the NSW and Australian Governments. Key threats to CPW are land clearing for urban development (Council decisions)  

Penrith Council, in the local media on Jan 8, 2010, made the following outrageous claim:

"...The Council believes it is at the forefront of conserving important bushland and boosting the City's rich biodiversity. There are about 2250 hectares of bushland reserve within the City, an increase of almost 200 hectares of reserve in the past 18 months. Council is also actively restoring some 45 hectares through its bushcare program...examples of our success include the successful lobbying for preservation of a massive 900 hectares of the St Marys Release Area [ADI Site] and total preservation of the former 181-hectare Air Services Australia site at Cranebrook...when all of the facts are properly considered, a reasonable person could only conclude that Council has responsibly dealt with the planning of lands owned by the Deerubbin Local Aboriginal Land Council."

Councils outrageous statements were a response to criticism by WSCA over its flawed draft stage one Local Environmental Plan (LEP) that puts hundreds of hectares of high conservation value bushland at risk of future development. Councils draft LEP seek to place a rural 2ha subdivision zoning (RU4) over 500 ha of bushland mapped by the NSW Dept of Environment Climate Change and Water (DECCW) as Western Sydney Priority Conservation Lands. These Priority Lands have been identified as being the last great bushland remnants of the Cumberland Plain and necessary for the success of DECCW's recently drafted Cumberland Plain Recovery Plan.

Councils claims of being a leader in conservation can be easily challenged and examples will be given below.

Penrith Council is unashamedly pro development and this is evident by the decisions made by its Environmental Planning staff and the conservative Councillors. Council lobbied the NSW Government for many years to be favoured for rapid urban expansion. Penrith Council has succeeded and recently Penrith was identified as a Regional City - a growth city - under the NSW Governments Metropolitan Strategy. It must be said that at no stage did Penrith Council go to its citizens and ask them what they wanted. So massive urban growth and sprawl has been foisted upon its voiceless citizens.

There is no doubt that there are good people who work for Penrith Council that do care for the environment, there are even a couple of Councillors, but they have little power and are shut down by Councils pro-development ideology that runs deep through nearly all Depts. The Penrith LGA has a rich diversity of flora and fauna and it contains many threatened species and ecological communities. Councils pro-development stance is putting these species at further risk of extinction. One such example is Cumberland Plain Woodland, which was recently listed as a Critically Endangered Ecological Community. Council has allowed this woodland to be cleared and fragmented for decades and the population growth championed by Penrith Council will put even greater pressure on this iconic Western Sydney plant community, a community which provides habitat for many rare animal species.

Here are examples of Councils record. You be the judge:

 

Draft Local Environmental Plan In 2005 the NSW Government attempted to streamline planning in NSW by requiring all Councils to amend their Local Environmental Plans so that they followed a standard LEP template as set out by the NSW Dept of Planning. Penrith Council, being an identified growth city, was one of the first Councils required to commence making a new LEP. An LEP zones land. Council decided that it must do the LEP in two stages. Stage one would deal first with the rural lands and conservation zonings.

WSCA obtained documents under FOI that showed that Council had sought the advice of the NSW Environment Dept in making its LEP. DECCW in 2005/2006 had advised Council to ensure the LEP protected areas of high conservation value and that the LEP delivered viable biodiversity corridors. Later in 2006 DECCW produced mapping that identified Western Sydney Priority Conservation Lands of which many were located in the Penrith LGA.

WSCA had lobbied Council in this time, meeting with Mayors and Senior Planners, urging them to ensure that their new LEP protected core bushland areas and helped to create a viable conservation corridor that we had called the Cumberland Conservation Corridor. The DECCW mapped Priority Lands were crucial to establishing this corridor.

The Deerubbin Local Aboriginal Land Council had successfully claimed vast areas of the Priority Lands from the NSW Government (the Crown) and it was known that they were intent on seeking development outcomes from these lands. It was also known that Council was sympathetic to the Deerubbin Land Council.

In 2008 Council Planners finalised the stage one LEP and it was placed on public exhibition. The draft LEP failed to protect hundreds of hectares of the Priority Lands. WSCA lodged a submission calling on Council to amend its draft plan and apply E2 Environmental Conservation zonings to all of the DECCW identified Priority Lands. The basis for this was that the LEP as proposed undermined all valid attempts to create a lasting green legacy for Western Sydney, a viable green corridor. The NSW Government had indicated in its Growth Centres policy documents that it was going to spend $397 million protecting the Western Sydney Priority Lands. Another policy document, the discussion paper for a Cumberland Plain Recovery Plan, identified that the Western Sydney Priority Lands were pivotal to the success of any future Recovery Plan. The NSW Government stressed that a major constraint to protecting the Priority Lands would be if it was uneconomical to protect them. This meant that the Government would have to get value for money if it was to acquire land for conservation and Penrith's draft LEP did not assist that goal by zoning over 500 hectares of the Priority Lands to RU4 which allowed 2 ha subdivision. Councils LEP therefore undermined the success of the Cumberland Plain Recovery Plan by ensuring the RU4 zoned land would be unaffordable for conservation protection and addition to the NSW National Parks Reserve System.

Council knows it has acted appallingly and one must question why it has gifted the Deerubbin an RU4 zoning on land that is clearly high conservation value bushland containing vast numbers of flora and fauna species protected under NSW and Federal Threatened Species laws. Council is now resorting to spin to make itself look green on this issue. Council is claiming that it had always intended to make its LEP reflect like for like zonings, that being that the old LEP zoned the Deerubbin lands rural so it was okay that the new LEP did so as well. This is appalling planning and is something from the dark ages. The new LEP Template of the NSW Government clearly urges Councils to apply conservation zonings to areas that have high conservation values. Add to the mix that these lands have been identified by the NSW Government as needed to ensure the survival of Western Sydney's biodiversity (Cumberland Plain Recovery Plan) and one starts to see why Penrith Council LEP is deeply flawed and must be not be made as proposed

The draft LEP was endorsed by the Penrith Councillors, despite calls from WSCA urging a total rethink, and has now gone to Tony Kelly the NSW Planning Minister for final approval and gazettal.

All our efforts must now be focussed on Tony Kelly. He must save face for the NSW Government and reject Councils LEP. If he fails to act then his Government stands condemned of gross hypocrisy and of lying to the people of Western Sydney as they promised to protect the Western Sydney Priority Conservation Lands.

 

ADI Site

Penrith Council in early 2009 voted to support Delfin Lend Leases plans to build 3500 houses at the old ADI Site, This meant that it supported the clearing of over 300 ha of Cumberland Plain Woodland. Council for years has bent over backwards to ensure Delfin Lend Leases development goes ahead. Council opposed all efforts to save more of the sites bushland. The big test for Councils and its new found rhetoric of being environmental champions is that CPW is now listed as Critically Endangered. How can Council be serious about being a champion for CPW yet allowing it to be further pushed to extinction? Council must now protect more of the ADI Site.

Moreover, Council appears to have conveniently forgotten that the ADI Residents Action Group did all the grunt work to save 900 hectares of the site. Council played a minor role in fighting for the ADI Site bushland.

 

Erskine Park Employment Area - and Jacfin site You need look no further than the Erskine Park development to witness Councils hypocrisy and failure to protect its bushland. The Erskine Park Employment Area sits south of the St Clair housing estate it consisted of bushland and farmland. In the early 1990's Council developed a Local Environmental Plan for the area and also a Development Control Plan. The DCP addressed biodiversity issues and included a biodiversity management strategy outlining the creation of a biodiversity corridor. This corridor would link up the bushland spared from clearing and aimed to link to South and Ropes Creeks. The landowner groups within the EPEA were not happy with the proposed biodiversity corridor and development stalled at Erskine Park for many years. Around 2005 a new proposal was put forward to drastically alter the Penrith Council Plan. This new plan proposed the clearing of even more bushland and magically that the environmental destruction was going to be remedied due to the landowners paying Greening Australia to plant new trees to form a man made biodiversity corridor. Penrith Council supported this new plan. The result was the loss of hundreds of hectares of endangered bushland and the displacement of vast numbers of fauna species. The proposed corridor was only going to be about 100 metres wide and realistically was a massive compromise with little chance of real environmental outcomes. Development once again won out over the environment and the government spin doctors went into action claiming a great green win for Western Sydney.  But once the bulldozers moved in there was outrage by some in the community who were saddened at this wholesale destruction of their local bushland. When one 40 hectare area was cleared the bulldozer operators apparently were so disturbed by the amount of animals injured at the site, that they stopped work to call Wildlife Rescue Officers to deal with the dying and injured fauna now displaced from their bushland homes. The displacement of fauna is never considered when development decisions are made.

Penrith Council, to show its hypocrisy once again, recently made a huge issue about the so-called 100 m vital biodiversity corridor being put at risk. Somehow the 100 metre corridor encroached onto land owned by a company called Jacfin. Jacfin were not a party to the changes to Penrith Councils Biodiversity Management Strategy. Jacfin wanted to develop their parcel of land and its proposal was assessed under Part 3A of the Planning Act by the Planning Minister. The Jacfin proposal meant that the proposed 100 metre corridor would be further reduced down to 70 metres. Penrith Council opposed the Jacfin development on the grounds that the proposed man made biodiversity corridor would be compromised.

What a load of rot. Council is arguing over a pathetic man made corridor. It conveniently omits that it allowed in situ bushland, that if preserved would of netted a corridor of many hundreds of metres, to be bulldozed. See the below image that exposes Penrith Councils hypocrisy on this corridor and its so-called concern for protecting its environment. If Council were truly serious about protecting bushland then why did it support the amended plan to nuke most of the vegetation at Erskine Park.

 

Former Air Services Australia Site Cranebrook It took Council four years to make its mind up to support the conservation of the 181-hectare former Air Services Australia site at Cranebrook. The fight to save the site from development was initially taken up by members of the ADI Residents Action Group and then the newly formed Western Sydney Conservation Alliance Inc. Despite being in receipt of flora and fauna reports that showed the entire site was a core conservation area and contained vast numbers of endangered native plants Council for years defended the developers right to have the site assessed for development. IFC Capital Ltd took Councillors and Planners onto the site for a site tour and overview of their development proposal and it appeared that Council took a position to support some development of the site. Personal communication with some Councillors and Senior Planners indicated they thought that development of part of the site was okay. Council staff blocked several attempts by WSCA to access planning documents forcing the documents to be obtained under Freedom of Information laws. Documents obtained under FOI from the NSW Government revealed the close relationship that Council Planners had formed with the developers and their consultants. IFC Capital Ltd attended fundraisers for Diane Beamer the NSW Member for Mulgoa. Two Penrith Councillors at the time, Greg Davies and Susan Page, worked for Diane Beamer indicating a conflict of interest.

It was the campaigning by WSCA that saved the entire Air Services Site. WSCA lobbied the Federal Government and obtained $15 million that assisted the NSW Government to buy the site back off the developer. Council played a minor role in doing what it was meant to do and that was to ensure high conservation value bushland within its LGA was protected with proper conservation zonings.

 

Bushcare There is no doubt that Councils Bushland Management staff are decent caring people. The issue is that a paltry amount of money gets spent by Council on fostering volunteer bushcare and educating the residents of Penrith about protecting the environment. The lack of funding reflects Councils commitment to the environment and that it is really not a funding priority. It is hoped that Council starts to realise that it cannot protect its environment with a skeleton staff of bushcare officers. There needs to be more staff employed and modern strategies implemented to attract members of the public to become volunteers. This needs to happen so that more bush care groups can work more sites. Council needs to do more.

There are many parks and reserves under Councils care control and management that are in appalling condition. Examples include an important patch of Cumberland Plain Woodland on the corner of Soling and Camelot Dr Cranebrook that has no bush care group and no management by Council. It is repeatedly burnt by arsonists and local neighbours continue to dump their garden waste into the bushland. 4WD's and motorbikes also use the reserve eroding topsoil and spreading weeds.

WSCA in late 2009 met with Council's new Parks manager about these problems. We presented a range of strategies and ideas that may assist with promoting bush care to the public. We told Council that we intend to set up new bush care groups on non council sites and that we want to work with Council not against it. We hope that 2010 delivers further consultation and some good outcomes.