Community groups oppose Austin Butler reserve sale

An alliance of 13 community groups have joined with Member for Gosford Ms Liesl Tesch to again oppose the sale of part of the Austin Butler Reserve in Woy Woy.

Ms Tesch has urged residents "to continue to fight to protect the significant stand of paperbark and she-oak trees" on the land.

The community groups have written an open letter to Central Coast Council Administrator Mr Rik Hart, CEO Mr David Farmer and Minister for the Central Coast Mr David Harris, published in this issue of Peninsula News.

Central Coast Council decided to proceed with the sale of the land to the adjoining Peninsula Plaza shopping centre at its August 22 meeting.

It decided to act on "asset sale" resolutions of July 2021 and March 2022 to reclassify the land from "community" to "operational" to allow the sale to proceed.

In approving the council staff recommendation, Administrator Mr Rik Hart also resolved to hold a community consultation about the sale - giving options to keep the land in council ownership or sell the land with the proceeds spent on a "greening program".In a media release, Mr Hart said the option for the council to retain the reserve would "stop the sale process".

The 4000 square metre reserve includes 44 mature paperbark and she oak trees that are the last substantial area of natural shade in the Woy Woy town centre.

The groups who have joined forces include seven Peninsula groups and six with broader interests.

They include the Peninsula Residents Association, the Peninsula Environment Group, the Grow Urban Shade Trees group, the Pearl Beach Progress Association, Residents for Responsible Ettalong Development, Save Our Woy Woy and Mingaletta Aboriginal and Torres Strait Islander Corporation.

They were supported by the Community Environment Network, the Australian Conservation Foundation Central Coast group, Koolewong Tascott Progress Association, Save Central Coast Reserves, Wildlife ARC and WIRES.

The groups stated: "The Woy Woy Peninsula can't afford to lose one more mature tree.

"Our community is already recognised by Central Coast Council as a heat island."

In a joint media release, the groups have criticised the "trade-off" offered by Mr Hart of keeping the reserve or having a greening program.

The ACF group chair Mr Mark Ellis said: "Keeping Austin Butler and street greening the Woy Woy Peninsula should not be mutually exclusive."

Grow Urban Shade Trees group spokesperson Ms Jen Wilder said: "We don't think a much-needed urban greening program should be conditional on getting rid of this rare remnant of native woodland."

The Peninsula Residents Association has called for implementation of the Council's Greener Places Strategy, including a review of planning provisions, as well as a strategic planning review of the Peninsula to provide a substantial long-term plan for greening the Peninsula.

The groups also criticised the lack of detail about the proposed use of the land.

Community Environment Network chair Mr Gary Chestnut said the council resolution was probably in breach of the Local Government Act.

"This land was dedicated to council for community recreation and there has been no resolution to discharge that dedication, as required by the Local Government Act (Section 30(1))."

"It is far from best practice for a council to pre-empt the outcome of a community consultation on a reclassification or a rezoning of public land.

"These actions have created multiple conflicts of interest for the council," Mr Chestnut said.

SOURCE:

Media release, 2 Sep 2023

Jackie Pearson, CEN

Council to proceed with Austin Butler reclassification

Central Coast Council has decided to proceed with reclassification of the Austin Butler reserve.

A planning proposal is expected to be put before the Local Planning Panel in a matter of days.

It is not usual practice to reveal the contents of a planning proposal before it is considered by the panel and it is unknown what the proposal will contain.

The matter is not expected to be listed in the Planning Panel agenda, but its decision will be recorded in minutes of the meeting afterwards.

The community is unlikely to be given the opportunity to address the Panel about the proposal.

The decision to proceed with the reclassification of Austin Butler reserve was made in a "bulk reclassification" decision for 11 lots of at the council meeting of Tuesday, August 22.

Council Administrator Mr Rik Hart, responding to resident emails, amended the recommendation to also "seek community feedback ... as part of the consultation process" about retaining the site in council ownership or putting the proceeds of the sale "to the greening of the local community".

A staff report to council stated: "The next step is the preparation of a Planning Proposal under the provisions of Part 3 of the Environmental Planning and Assessment Act 1979.

"The Planning Proposal must be considered by the Local Planning Panel and referred to the Department of Planning and Environment for a Gateway Determination.

"It is proposed that Council consider a recommendation to refer the lots identified in this report for Gateway Determination at its September 2023 meeting.

"Should Gateway approval be granted, a Planning Proposal to reclassify public land must be publicly exhibited for at least 28 days."

A statement issued to Peninsula News on behalf of Council chief executive Mr David Farmer said that reclassification and the sale of the land would be treated separately.

"It is intended that a bulk reclassification of the 11 parcels identified in the Council report would be commenced, with the first step being referral of the reclassification planning proposal to the Local Planning Panel followed by a Council resolution to refer it to the Department of Planning and Environment for Gateway Determination," he said.

"Should the Department issue a Gateway Determination to proceed with the planning proposal, consultation would follow.

"The consultation process will inform the Department's decision about whether to reclassify some, all or none of the parcels.

"The Administrator's amendment to the staff recommendation at the August 22 Council meeting means that there will also be consultation on the question about whether the land at Austin Butler Access should be retained or sold with proceeds invested in a greening program.

"Council officers have not yet worked through the detail of the consultation processes required by Council's resolution of August 22, but it is intended that they will be undertaken concurrently rather than sequentially."

SOURCE:

Central Coast Council agenda 2.5, 22 Aug 2023