48 Cove Boulevard North Arm Cove NSW 2324

Email:

Phone: 02 4997 3583

August 7, 2017

MidCoast Council

PO Box 450

Forster NSW 2428

Attention: Mr J Turner, Administrator; Mr Glenn Handford, General Manager; Ms Lisa Schiff, Director of Planning

Dear Sirs/Madam

RE: LdfENTERPRISE PTY LTD DEVELOPMENT OF LOTS 100, 101, 103, 104 DP 1049845 and LOT 2 DP 1076610 BUNDABAH

The history of negotiations for development of this land between current and previous owners and Council demonstrates a stark record of mismanagement and lost opportunity.

We are seriously concerned by the current direction of proceedings intended to resolve our concerns over the future of this land (see below). We are both members of the North Arm Cove Fame Cove Committee and are familiar withthe many unresolved issues raised by previous proposals for development.

So, we are asking you to give serious consideration to our suggested essential requirements for orderly and acceptable progress in the future.We are urgently requesting that the MidCoast Council impose the following minimum conditions for future development on the owner.

  1. Quarry DA 269/2017. This proposal must be withdrawn and the Council must reject any further proposals for similar industrial processes on any of this land. We consider developments of this kind to be entirely inappropriate given the sensitivity and beauty of the area and its proximity to long-established residential neighbourhoods.
  1. Restitution. Where work has been done without council approval and in contravention of State and Council planning and environmental regulations, the owner must berequired to provide a plan for, and to pay in full for, rehabilitation before any further site works are undertaken. This requirement includes completion of sediment control works for all areas where the damage done may result in pollution to waterways.
  1. Low density sympathetic development. The land falls with the definition of the State’s coastal management provisions for visual, environmental and heritage protection. The flora and fauna of this entire area are fragile and highly sensitive to disturbance. All studies have shown that it is simply not suited for high density building. We are requesting that the Council specifies that plans must be for low density development that is sympathetic with the environment as described. This will require a setback of 100m from the waterfront and the absolute minimum of floral and habitat destruction. Special consideration must be given to avoiding any intrusion on the iconic and beautiful surrounds of the Fame Cove inlet.
  1. Due diligence. The owner has a demonstrated history of non-compliance with, and even a shameless disregard for, rules and regulations to the degree that the local community has lost trust in his ability to do anything in a responsible manner. We request a) that the Council imposes requirements for an overall plan, without further subdivision, for the whole area, b) that the owner this time appoints professional and credible consultants and/or employees to manage implementation from start to finish, and c) that quality assurance and genuinely independent,transparent and credible certification processes be agreed with Council and implemented.
  1. Communication. As a community, we have had enough of uncertainty, nasty surprises and shocking land abuses. We are requesting that the owner informs us of his true intentions through a process of regular informative briefings. We have no idea of what the owner’s plans are.

A second directions hearing is planned for (we think!) September 1. We have no knowledge of the direction of discussions currently in hand between Council and Mr Peterkin. (Mr Peterkin listens but seems not at liberty to disclose any positive information.)But to date we have been given no assurances by any party. We have received absolutely no response to our campaign against the quarry. We know nothing of current court proceedings or findings.

So we remain in the dark but with a heightened suspicion that the Council and the owner will arrive at compromise solutions giving little consideration to the concerns raised by us and many others in our communities. Please donot let this happen.

Yours faithfully

Tony Hann

Pat Brennan

cc. Kate Washington MP