The fate of the last significant ecological link between Newcastle’s Blue Gum Hills Regional Park and the Hunter Wetlands lies in the balance, after a recent ambivalent state government planning panel decision that is likely to stimulate further attempts to rezone the site for housing development.
On 9 November, the Hunter & Central Coast Joint Regional Planning Panel (JRPP) rejected a request to proceed with a controversial rezoning proposal for the 26 hectare site between Wallsend and Minmi known as 505 Minmi Rd, Fletcher.
Newcastle Council had previously rejected the rezoning proposal in December 2015 and in July 2016.
The recent JRPP decision was made under relatively new changes to the NSW planning system that allows developers to request JRPPs to review local council zoning decisions.
Despite its commitments to strengthen local government control over land zoning, the NSW Coalition government introduced these changes in August last year in response to pressure from the development lobby.
The announcement of the changes referred to a “strengthened strategic merit test” that would apply to proposals lodged under the new system.
According to the NSW Department of Planning, JRPPs would be required to assess whether the rezoning proposals were consistent with regional strategic plans and local planning strategies, or were “responding to changes in circumstances…not recognised by existing planning controls”.
The then NSW Planning Minister, Rob Stokes, said that the new system would “end the absurd situation of proposals rising like zombies again and again in an endless cycle of amendments and resubmissions during the review process”.
In the case of 505 Minmi Rd, the effect is likely to be the opposite, with the proponent indicating to local media that the panel’s rejection was “just another step in a very long process, but we’ll certainly continue to pursue it,” and that “we just need to finesse or amend the current proposal so it’s acceptable.”
Part – though certainly not all – of the problem lies in the system itself, and the way the panel has applied the strategic merit test.
According to the minutes of the panel meeting (which can be found on the JRPP website), the panel did not support proceeding with the rezoning review proposal because the current proposal lacked sufficient “site-specific” merit, another assessment filter in the new system.
However – and more worryingly - the minutes also record that the panel agreed that the proposal met the “strategic merit” test.
The minutes provide very little insight into why panel members thought this. Presumably, they accepted the case argued by the developer and the NSW Department of Planning that the proposal complies with various regional and local planning strategies.
But herein lies a key part of the problem. These strategic planning documents (such as the Hunter Regional Plan 2034) make very broad statements about broad objectives, such as the need for housing and infrastructure, and the need to protect natural areas and biodiversity.
They indicate areas of land already committed for either development or conservation, but unprotected bushland areas beyond the current reach of the Hunter’s urban expansion, are vulnerable to development.
Developers and land speculators can find plenty in these broad strategic documents to justify pretty much any rezoning in unprotected bushland near the urban fringe that might suit their financial objectives.
Environmentalists can also point to the need identified in these strategic plans for conservation lands, and for corridors and “green grids” linking various significant vegetated areas.
The fact is that these broad strategic planning documents provide support for entirely contradictory alternatives for the future of any bushland sites in urban fringe areas such those in or near Blue Gum Hills and Fletcher.
In the case of 505 Minmi Rd, the proponent naturally focussed on those elements in the strategic planning documents that support housing development.
But these documents, including the most recent Hunter Regional Plan, also provide plenty of strategic grounds for conserving the 26 hectare site for conservation purposes.
Given that almost all the land between the Blue Gum Hills Regional Park and the Hexham Wetlands has been developed for housing, and that 505 Minmi Rd provides the sole remaining significant vegetated link between these two natural areas, it’s hard to see how any reasonable consideration of the relative strategic merits of using the site for housing development or conservation would not come down very much in favour of conservation.
However, there is little evidence of this kind of thinking in the recorded deliberations of the JRPP meeting, at which the panellists apparently agreed unanimously that the proposal to rezone this crucial environmental site for housing had “wide strategic merit”.
It’s highly likely that we’ll hear more about 505 Minmi Rd over the next year or so. Let’s hope that panel members, who are ostensibly there to apply planning principles to protect the public interest, manage to see beyond facile arguments put by vested interests.