Protect rare bush, says ACF branch

The Central Coast branch of the Australian Conservation Foundation is calling on Gosford Council to protect rare bushland by rejecting an application to build luxury retirement units at the corner of Veron Rd and Hillview St, Woy Woy.

The Land and Environment Court rejected a similar application last year on environmental grounds.

The court found that the entire site was covered with rare bushland, known as Umina Coastal Sandplain Woodland, a plant community gazetted as "endangered" under the Threatened Species Conservation Act, and that this was too valuable to destroy.

"This application should be rejected for the same reasons now," said ACF Central Coast branch president Mr Mark Snell.

"While the developer has made minor changes to the application - 37 instead of 41 units - the substance of the issue remains the same.

"Only 11 hectares of this type of woodland has been identified by the Department of Environment and Conservation, anywhere in the world.

"This site represents 10 per cent of that."

Mr Snell said that, in the court case, council had argued against the development entirely on environmental grounds and Justice Bignold had found in the council's favour. The court also had the benefit of expert evidence from four ecologists.

"We can see no reason for the Council to change its mind now," Mr Snell said.

Mr Snell said the branch was concerned that a report from council staff, recommending the development be approved, had misrepresented the court proceedings, resulting in misleading conclusions.

"It fails to mention any of the findings of Justice Bignold, cited as Providence Projects Pty Ltd v Gosford City Council [2006] NSWLEC 52, but refers only to an earlier procedural appeal," Mr Snell said.

Mr Snell said the report also did not represent a balanced view from the Department of Environment and Conservation.

Mr Snell said the department listed the "number one threat" to Umina Coastal Sandplain Woodland as "urban development".

This is listed both on the department's website and in its draft management plan for the endangered bushland, he said.

"The purpose of gazetting the endangered ecological community was to eliminate the threats to its survival," said Mr Snell.

"The suggestion that the Department now has unequivocal support for the development, even with 'ameliorative measures', does not stand to reason."

Justice Bignold said the environmental impact "justifies the epithet 'significant' in view of the very small overall areas of UCSW ... even allowing for the ongoing conservation and management as part of the development of an area of nearly 2000 square metres".

Mr Snell said the ACF branch was also concerned that the staff report failed to address the detail of a number of issues raised by objectors, such as the adequacy of the proposed bush management plan, the inadequacy of the proposed compensation payment and the consequential damage to the bush of the development.

Press release, 4 Feb 2007 Mark Snell, Australian Conservation Foundation