Bushland wins last-minute reprieve from developers

27 May 2020, 05:53 by Peter Hannam and Laura Chung

The Federal Court has ordered the developer of a planned housing estate in threatened woodland on the NSW South Coast to stop work until independent ecologists can inspect the area for endangered wildlife.

The Environmental Defenders Office sought the halt to enable a team overseen by David Lindenmayer from the Australian National University to inspect the site near Manyana for greater gliders over three nights and days.

https://static.ffx.io/images/$zoom_0.212%2C$multiply_2.1164%2C$ratio_1.5%2C$width_756%2C$x_172%2C$y_165/t_crop_custom/q_62%2Cf_auto/62e92d229772181c69c925b2eb33e2fe814cf4df — A small group of residents gathered earlier this month at a barricade blocking the entrance to one of the only unburnt areas of bushland in the region that is now subject to a housing development.AAP

The court made the orders allowing the inspection to proceed after developers Ozy Homes agreed to the assessment.

It had been planning to put fencing up through part of an endangered ecological community, Jorj Lowrey said, a spokeswoman for Manyana Matters, a local group opposed to the development of the 20-hectare site.

"The last thing we want was any more damage," Ms Lowrey said, adding that the detection of gliders would make "a real case for [federal Environment Minister] Sussan Ley to intervene".

A spokesman for Minister Ley said, "the department has been liaising with the proponent to determine if there are EPBC matters requiring referral and assessment".

"The proponent has been conducting wildlife surveys and preparing reports which will assist in this process," he said, adding the 'department has also reminded the proponent of its obligation to seek EPBC approval for any likely significant impact on Matters of National Environmental Significance".

The works delay until at least June 5 when the Federal Court is next scheduled to hear the matter gives all sides time to resolve the dispute. Protesters, in particular, have been keen to halt further destruction of woodland in a region hard-hit by last summer's bushfires.

"Everyone realises this land has to be purchased back," Ms Lowrey said.

Earlier this week, NSW Planning Minister Rob Stokes called on the Shoalhaven Council to assist efforts to offer an alternative site for the developer to build homes.

https://static.ffx.io/images/$zoom_0.197%2C$multiply_2.1164%2C$ratio_1.5%2C$width_756%2C$x_0%2C$y_0/t_crop_custom/q_62%2Cf_auto/6b0b08a3207690930e181b005c8bc10b8082ec69 — An aerial view of the unburnt area of bushland which is set to be cleared for a new housing development in Manyana on the NSW South Coast.AAP

Mr Stokes has said the council had rezoned the site for residential development and it was their responsibility to defuse the dispute.

"If [Shoalhaven] council is serious about protecting this site they need to get the land evaluated and negotiate a financial outcome with the developer, and then contribute to the costs of a permanent solution," he said. "Instead, they are putting politics ahead of their local community and environment.

Ms Lowrey said: "We think if someone's able to negotiate a price that's reasonable, everyone would chip in," adding the original purchase price was $3.28 million but the developer would likely ask for more.

The Herald has sought comment from the council.

Ozy Homes' boss Ghazi Sangari said the company did not want to comment on matters before the court.

However, Ozy had approval for a subdivision to create 182 residential allotments with the council granting it a construction certificate for the first stage of the project.

"The Commonwealth have also noted in August 2018 that we have undertaken a substantial amount of work in considering its obligations under the [EPBC Act]," Mr Sangari said.

"The site is 'shovel ready', and residential subdivision and development of the site has been contemplated by the site's continuous residential zoning for close to 40 years. Opposition to the project is occurring at a very late stage."