Residents threaten class action against Hills Shire Council after Mirvac pull out of Showground precinct plan
EXCLUSIVE: Showground residents are seeking legal advice for a class action against the Hills Shire Council following, what they have described as, unprecedented demands over private land.
Hills Shire
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SHOWGROUND residents are seeking legal advice for a class action against the Hills Shire Council following, what they have described as, unprecedented demands over private land.
Residents Matter Action Group spokesman Paul Cook revealed to the Times that a large number of his neighbours have already sought legal advice, as developers such as Mirvac Residential pull out of proceedings for masterplanned communities within the precinct.
“Residents are concerned that Mirvac won’t be the last developer that recinds their offer,” Mr Cook said.
“If this becomes a trend, then residents will either refuse to sell or launch a class action against the Hills Shire Council in order to retain damages for loss of land value.”
Mr Cook said residents were outraged when council revealed their development control plans for the precinct, which included large setbacks and reduced floor space ratios — devaluing private residential land.
“Council has put themselves in a position of power to control the market,” he said.
“They don’t want masterplanned communities because council will no longer control the planning of the precinct.
“But if they don’t change their attitude around this precinct, residents won’t sell and the metro station will become a white elephant in a residential street.”
The action group spokesman said council was “competing with residents and developers to sell council owned land, while knocking back several development applications since precinct plans were finalised”.
“Rather than acquiring land for greenspace or community facilities, council has turned to selling land for a profit,” Mr Cook said.
In December, Hills Shire Council released an associated draft Contributions Plan, draft Development Control Plan amendment and Public Domain Plan, “to support future development of this Precinct in-line with council and community expectations”.
“The draft Contributions Plan will enable council to levy new residential and employment
development to collect the necessary funds for the provision of local infrastructure required to support the additional growth,” the council report said.
“The draft development controls are proposed to regulate future built form and ensure high quality development outcomes that reflect the intended character for the Precinct as a highly liveable transit centre.
Draft controls for the site included a push for a pedestrian network, active street frontages, high quality architectural style and character, attractive streetscapes, public realm, common open space and car parking.
“The draft Public Domain Plan seeks to enhance the image and amenity of the Precinct through the provision of street trees, footpath paving, furniture and landscaping to give the precinct a unique urban identity, while complementing the character of the surrounding area,” the report said.
“It will provide the overall direction for creating co-ordinated public domain.”
This resulted in residential developer Mirvac pulling out of plans to construct apartment buildings inside the Showground precinct in Sydney’s northwest.
Urban Taskforce Australia chief executive Chris Johnson said Mirvac’s decision to pull out of a proposed housing development is “a response to the anti-development approach taken by the council”.
“The Hills Shire Council seem to only want large houses and apartments rather than smaller, more affordable homes,” Mr Johnson said.
“The continual push by the local council, supported by local Members of Parliament, to have reduced development and huge home sizes for the wealthy is sending a signal to the development industry that they are not wanted.
“Council’s approach seems quite selfish considering the state government is spending billions of dollars in building a new metro rail line to connect The Hills district with the Sydney CBD.”
Mr Johnson said there was a “growing anti-development sentiment” across Sydney — preferencing no change to existing communities — despite a rise of 3 million in population expected in the next 40 years.
“Greater density of development around rail stations is essential,” he said.
“Clearly Sydney is evolving a new urban lifestyle around apartment living with the 2016 census showing that 30 per cent of Sydney homes are now apartments.
“The swing to apartment living is partly a lifestyle issue and partly an affordability issue.
“All levels of government have a responsibility to support the ability of future generations
to have somewhere to live that is affordable.”
Social Demographer Mark McCrindle revealed apartment dwellers were “younger, more educated and more interested in lifestyle than the dollar value of a house”.
Hills Shire Council failed to respond to questions before publication.