Battle over bid to develop hillside forest conservation block near city

A mighty battle is looming with a developer seeking to subdivide thickly forested land on a steep hill close to the city.

A DAVID and Goliath battle is shaping up as determined Aeroglen residents mobilise to stop subdivision of land that has been mooted for development over 16 years.

The 7.82ha block at 29 Magee St is zoned environment conservation and management but Hamilton Mews Pty Ltd – whose directors are Darwin-based Andrew Liveris and NT builder Paul Winter – want to create 11 lots ranging in size from 646sq m to 2488sq m, maintaining they are only using the lower portion of the site.

The 7.82ha block at 29 Magee St, Aeroglen, is zoned environment conservation and management but Hamilton Mews Pty Ltd want to create 11 lots. Picture: Supplied

Aeroglen residents have started a petition, saying the development on Lumley Hill would destroy part of Mt Lumley and create terrain that would flood the little suburb.

John and Jacqui Wyatt, who live on a property that was originally bought by Jacqui’s parents

in 1956, are among those campaigning against the development.

“We had a big thing back in the ‘80s and ‘90s with uncontrolled hillside development and we seem to have learned nothing from that,” Mr Wyatt said.

“It is zoned conservation and back in 2010 they had to do a vegetation study and they found a lot of important native trees and shrubs, which were protected, and I think that is one of the reasons it never went ahead, it was not economically feasible.

Aeroglen residents John Wyatt, Jane Kugelman, and Jacqui Wyatt are fighting a proposed development on a steep hill with thick rainforest at the end of Magee St. Picture: Bronwyn Farr

“The land traversed by the proposed road is very steep, there’s a real potential for landslip, and that it could cause flooding to existing homes.”

Jane Kugelman, who the daughter of Jacqui and is organising the petition, said she grew up in Aeroglen and had a strong connection to the hillside.

“I’m very aware of how many tiny little creatures there are in the forest there, there used to be mango trees and occasionally cassowaries, and all us kids would bolt back to the house,” she said.

“We had Indigenous people show us how to find witchetty grubs and yabbies in the creek.”

Hamilton Mews applied to Cairns Regional Council for the subdivision last July – and council took a very dim view of it.

It said the proposed development was “significantly non-compliant with the relevant assessment benchmarks”.

“A preliminary review of the application suggests that the noncompliance is unlikely to be overcome by the proposal, even with the addition of further information.

“It is suggested that the applicant consider withdrawing the application,” it stated.

Council said the conservation zone code meant land within the zone was generally not suitable for further development.

Aeroglen residents are campaigning against a proposed 11 lot development at 29 Magee St, Aeroglen, which is zoned environment conservation and management. Picture: Supplied

The developer responded on November 22 emphasising only the lower portion of the land would be used and the rest would be a reserve.

“The proposal has been designed to minimise visual and ecological impacts by limiting development to the lower portions of the site adjacent to existing residential development,” the document states.

“This portion of the site is generally limited to non-remnant vegetation.”

Planner Evan Yelavich echoed what was officially put before council planners.

“The upper portion of the site was previously approved for development, but is intended to be protected under the current proposal,” Mr Yelavich said.

Aeroglen is a tightly-held suburb in the catchment for Edge Hill State School and Cairns State High School.

Public submissions can be made to the council by December 9.

Originally published as Battle over bid to develop hillside forest conservation block near city