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CATHERINE HILL BAY

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Title: PowerPoint Presentation Author: Owen Flood Last modified by: Owen Flood Created Date: 1/31/2007 12:09:18 AM Document presentation format: On-screen Show – PowerPoint PPT presentation

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Title: CATHERINE HILL BAY


1
CATHERINE HILL BAY
2
CATHERINE HILL BAY
A special place in NSW
3
CATHERINE HILL BAY
A unique history, bio-diversity, sustainability
and community
4
CATHERINE HILL BAY
Now being destroyed by an arrogant State
Government greedy for the approval of
developers
5
CATHERINE HILL BAY
By using a controversial part of the state
planning legislation to side-step the usual
planning processes to destroy a precious piece of
Australias heritage
6
CATHERINE HILL BAY
Worse still more of the same is in store for
virtually every NSW community
7
CATHERINE HILL BAY IS FIGHTING BACK!

8
CATHERINE HILL BAY IS FIGHTING BACK!
On Sunday 11 February community groups from
around the State rally in Sydney (11 am at the
Archibald Fountain, Hyde Park) to protest against
the States new planning laws
9
CATHERINE HILL BAY IS FIGHTING BACK!
Catherine Hill Bay will be there (in red
T-shirts) to protest against development
proposals now under way which would make the
heritage mining village 10 times bigger than it
is today
10
CATHERINE HILL BAY IS FIGHTING BACK!
The biggest of the two development proposals at
the Bay (600 dwellings) by the Sydney developer
RoseCorp, is on public display until 2 March. It
can be viewed at the NSW Department of Plannings
website www.chbconceptplan.com.au
11
CATHERINE HILL BAY IS FIGHTING BACK!
Catherine Hill Bay, on the Wallarah Peninsula
130km north of Sydney, has been acknowledged for
almost 40 years by successive Governments as
having environmental and heritage
significance
12
CATHERINE HILL BAY IS FIGHTING BACK!
The Government is already supervising a
5milllion rehabilitation plan money provided
by the mining company to return mined areas
back to natural bushland for use as recreational
and conservation public open space not for
residential suburbs
13
CATHERINE HILL BAY IS FIGHTING BACK!
The community is organizing on-going protests
against what it believes is a planning system
which seems to facilitate the interests of
developers, contrary to the public interest,
contrary to existing Government policies, and
contrary to the advice of the Department of
Planning itself. The new planning rules are a
corruption of the planning system as we know it,
not an improvement
14
CATHERINE HILL BAY IS FIGHTING BACK!
Our web site www.catherinehillbay.org.au
15
MR SARTORS EXTRAORDINARY POWERS

16
MR SARTORS EXTRAORDINARY POWERS
Planning Minister Sartor has extraordinary powers
under the recently revised Environmental Planning
and Assessment Act which enables him to
17
MR SARTORS EXTRAORDINARY POWERS
Planning Minister Sartor has extraordinary powers
under the recently revised Environmental Planning
and Assessment Act which enables him to
grant development rights where no such rights
currently exist
18
MR SARTORS EXTRAORDINARY POWERS
Planning Minister Sartor has extraordinary powers
under the recently revised Environmental Planning
and Assessment Act which enables him to
ignore the objections of local councils and
communities
19
MR SARTORS EXTRAORDINARY POWERS
Planning Minister Sartor has extraordinary powers
under the recently revised Environmental Planning
and Assessment Act which enables him to
sideline inconvenient Land and Environment
decisions
20
MR SARTORS EXTRAORDINARY POWERS
Planning Minister Sartor has extraordinary powers
under the recently revised Environmental Planning
and Assessment Act which enables him to
ignore his own departments advice and policies

21
MR SARTORS EXTRAORDINARY POWERS
Planning Minister Sartor has extraordinary powers
under the recently revised Environmental Planning
and Assessment Act which enables him to
ignore expert advice
22
MR SARTORS EXTRAORDINARY POWERS
Planning Minister Sartor has extraordinary powers
under the recently revised Environmental Planning
and Assessment Act which enables him to make
far-reaching decisions that are not subject to
legal appeal
23
MR SARTORS EXTRAORDINARY POWERS
Part 3A of the Act gives the Minister power to
make planning decisions the rationale for which
is not necessarily discernible. The public has no
legal standing to appeal against these
Ministerial decisions
24
MR SARTORS EXTRAORDINARY POWERS
THIS IS HAPPENING NOW AT CATHERINE HILL
BAY
25
MR SARTORS EXTRAORDINARY POWERS
SOON THE TECHNIQUE IS LIKELY TO BE APPLIED TO
EVERY COASTAL COMMUNITY IN NSW WHERE DEVELOPERS
WANT A FAST RIDE TO APPROVAL
26
AT CATHERINE HILL BAY

27
AT CATHERINE HILL BAY
Mr Sartor has signed Memoranda of Understanding
with two developers in which he undertakes to use
reasonable endeavours to make zoning changes
which grant development rights for a total of
900 dwellings where no such rights currently
exist
28
AT CATHERINE HILL BAY
This undertaking to the developers, on behalf of
the government, was made before the developers
Concept Plans were even put on public exhibition
for comment by government departments and
authorities, local councils, communities and
objectors
29
AT CATHERINE HILL BAY
Yet the Minister has a statutory duty to make
decisions in accordance with a process set out in
legislation and should not agree to support an
application for his consent before exercising
that duty in accordance with the legislation
30
AT CATHERINE HILL BAY
The Minister is acting under Part 3A of the
planning act, which sets few constraints on what
he does, but he is obliged to at least consider
a report from his department on an application
under that part of the planning legislation. Yet
he seems already to have signaled his agreement
to rezone for development land currently zoned
for a variety of conservation purposes
31
AT CATHERINE HILL BAY
The Wallarah Peninsula Alliance formally
nominated the area for inclusion in a new
national park. A consequent assessment of the
area conducted by the Department of Environment
and Conservation concluded the area is of
extremely high conservation value and that
limited development opportunities are provided
for within current land zonings. The Department
supports the approach taken by both Councils
(Wyong and Lake Macquarie) to recognize the
conservation significance of this area in their
planning instruments
32
AT CATHERINE HILL BAY
Mr Sartors own Department also actively argued
against development at Catherine Hill Bay
33
What Mr Sartors Department of Planning believes

34
What Mr Sartors Department of Planning believes
In 2005 the Departments draft Hunter Region
Strategy proposed the Catherine Hill Bay area for
protection as land that provides valuable
economic, environmental and social benefits to
the region. This was partly based on a
multi-criteria study which compared and ranked 91
sites in the Hunter Valley according to their
suitability for development
35
What Mr Sartors Department of Planning believes
Catherine Hill Bay was second from the bottom as
one of the least suitable places for
development
36
What Mr Sartors Department of Planning believes
In May 2006 the Department produced for the State
Cabinet a review of proposals by major
landholders in the Hunter Valley to develop parts
of their land in return for dedicating other
areas for conservation
37
What Mr Sartors Department of Planning believes
The Department concluded that No development
occur at Catherine Hill Bay. The lands there
were located in a highly strategic position in
terms of conservation. The Wallarah Peninsula is
rich in biodiversity, as well as providing
keystone conservation landscapes that link two
sets of coastal habitat (littoral and
estuarine)
38
What Mr Sartors Department of Planning believes
The department advised that the Coal and Allied
lands under review were of such significance
that even without dedication (by the company)
Department of Environment and Conservation will
seek acquisition using funds raised through
regional infrastructure levies
39
What Mr Sartors Department of Planning believes
At that time, RoseCorps lands were not even
under consideration by the department, but within
four months the rules had been turned on their
head and Minister Sartor had his good deal
with RoseCorp and Coal Allied
40
What Mr Sartors Department of Planning believes
In July RoseCorp lost its appeal to the Land and
Environment Court against rejection by Lake
Macquarie City Council of a proposal for five
storey apartment buildings on the Catherine Hill
Bay headland. The companys negotiations with Mr
Sartor expanded to cover its land at Catherine
Hill Bay and Gwandalan (the former estate of HIH
head Ray Williams) on the shores of Lake
Macquarie
41
What Mr Sartors Department of Planning believes
By October, the final Hunter Region Strategy Plan
showed that both RoseCorp and Coal Allied would
be given development rights at Catherine Hill
Bay, in return for the dedication of most of
their land for conservation. This significant
change to the regional strategy was introduced as
a fait accompli, not open to public
consultation
42
What Mr Sartors Department of Planning believes
RoseCorp and Coal Allied signed MoUs with the
Minister on the 16 and 17 October 2006. RoseCorp
has a Concept Plan on exhibition until 2 March
2007. Coal and Allieds concept plan is expected
to be made public later this year after a program
of public consultation
43
The Final Word

44
The Final Word
For almost 40 years - since 1969 - thousands of
people in successive State Governments, local
councils, various government departments,
specialist consultants, even the Land and
Environment Court and the coal company which
exploited the area for a century have gradually
strengthened the protection of Catherine Hill Bay
and the Wallarah Peninsula, because of its
environmental and heritage values
45
The Final Word
But last year the Minister for Planning, Mr
Sartor, used unfettered powers given to him by
the State Government under controversial
additions to planning legislation to wipe out
these four decades of bipartisan endeavour
committed to the public interest
46
The Final Word
And he has done so against the formal advice of
his own department and in the face of State,
regional and local planning policies to the
contrary
47
The Final Word
He even promised in a formal government
undertaking which sets out his deal with the
developer at Catherine Hill Bay that he is
committed to using reasonable endeavours to
implement the re-zoning of conservation land to
give development rights where no such rights
currently exist
48
The Final Word
And he gave this commitment months before the
formal assessment process had even
begun
49
The Final Word
On October 10 last year the Newcastle Herald
editorial took a skeptical view of Mr Sartors
declaration that he had made a good deal at
Catherine Hill Bay
50
The Final Word
On October 10 last year the Newcastle Herald
editorial took a skeptical view of Mr Sartors
declaration that he had made a good deal at
Catherine Hill Bay A national park on the
fragile Wallarah Peninsula between Lake Macquarie
and the Pacific Ocean will certainly be a gift to
future generations. But it will be tragic if the
national park has to be obtained at the cost of
destroying the historical Catherine Hill Bay
villages and landscape. The development
footprints on the maps suggest that the villages
will be swamped by big housing estates

51
The Final Word
On October 10 last year the Newcastle Herald
editorial took a skeptical view of Mr Sartors
declaration that he had made a good deal at
Catherine Hill Bay Mr Sartor has made himself
the consent authority for developments at
Catherine Hill Bay. While this gives him carte
blanche, Mr Sartor would surely not want to go
down in history as the man who destroyed a
precious piece of Australias history

52
The Final Word
On October 10 last year the Newcastle Herald
editorial took a skeptical view of Mr Sartors
declaration that he had made a good deal at
Catherine Hill Bay A society that obliterates
its past faces a soulless future
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