West Pennant Hills Mirvac development: Environment minister approves demolition at old IBM site
A controversial development site at West Pennant Hills has reached a major milestone with the Federal Environment Minister making a final decision on demolition of buildings at the old IBM site.
Hills Shire
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UPDATE
The Federal Environment Minister has given the final tick of approval for demolition at a controversial development site at West Pennant Hills.
Developer Mirvac lodged plans for demolition of existing buildings and clearing of vegetation at the old IBM site last November.
An arborist’s report released at the time revealed Blue Gum High Forest (BGHF) trees were within the demolition area prompting outrage from the local community.
While Mirvac has said it is estimated just 134 sqm of trees would be impacted by demolition, local environmental groups feared that a larger area of critically endangered trees was at risk.
Mirvac referred its development to the Federal Environment Minister Sussan Ley in July to determine whether it will be allowed to remove trees including BGHF.
A referral decision by the Department of Environment, dated September 16, states the proposed demolition at 55 Coonara Ave is “not a controlled action.”
Further action will not be taken because it was not deemed to have a significant impact on national heritage values.
Mirvac NSW Residential Development general manager Toby Long previously said the self-referral was made in the interest of “transparency” to the community.
“While we are working to minimise disruption to any of the remnant forest, our proposed community may require relocation or removal of 0.01ha of BGHF trees.
EARLIER
BY NICOLE PIERRE ON SEPTEMBER 20, 2021
A major milestone has been reached at a controversial development site at West Pennant Hills after demolition was approved by a planning panel.
Developer Mirvac lodged plans for demolition of existing buildings and clearing of vegetation at the old IBM site last November which was prompted by the most recent uproar from the local community.
The Hills Shire Local Planning Panel granted consent to Mirvac’s application on Monday.
“The panel is satisfied that the development subject of the DA is unlikely to result in a serious and irreversible impact on the Blue Gum High Forest or on the Sydney Turpentine-Ironbark Forest,” the panel said as part of its decision.
The panel granted consent while tightening certain conditions including tree protection fencing and a fauna management plan to survey Powerful Owls and help relocate the Dural Land Snails in the development area.
The panel said the development was permitted under the Hills LEP 2019. “In this respect, the Panel notes DPIE’s advice to the Minister that the Amendment would, amongst other things, “secure the protection of the forested areas and Powerful Owl habitat on site through an E2 Environmental Conservation zoning.”
Speaking after the decision, a Mirvac spokeswoman said: “We are pleased with the Local Planning Panel decision to green light demolition works, including redundant existing buildings and car parking areas, at 55 Coonara Avenue, West Pennant Hills.
She said Mirvac was close to finalising a design which was “sensitive to the landscape and forest environment.”
“The approval of demolition works is an important first step in realising the rezoning to bring to life a new family friendly community, which will deliver much needed homes and make this cherished forest environment publicly accessible to the community for the first time in approximately 100 years,” she added.
Hills Shire mayor Michelle Byrne said: “I know many residents will be disappointed with the outcome however I am grateful that the panel in response to residents concerns made amendments to the conditions of consent to better protect the biodiversity on the site.
“At the end of the day the site has been rezoned by the Department of planning and it’s now important we all work together to get the development right for the site whilst ensuring minimal impact on the environment particularly the Cumberland state forest and on surrounding residents.”
It comes days after concerned neighbours, ecologists and community leaders expressed their concerns at the Hills local planning panel meeting last Wednesday which had about 70 people at its peak.
Cr Byrne told the panel she never supported the rezoning of Coonara Avenue and still didn’t now.
Yet with development now allowed she said her focus was to work with the community to ensure “minimal impact” to the environment especially ecologically endangered communities.
She said her “biggest concern” was the loss of 1253 trees with only 60 replacement trees.
Joan Rowley from West Pennant Hills Valley Association said she opposed the DA in its current form.
She said 60 replacement trees was “not believable.”
“That is a replacement rate of less than 5 per cent.”
Ms Rowley claimed endangered species including Sydney Turpentine Ironbark Forest (STIF) and Blue Gum High Forest (BGHF) made up parts of the demolition area.
She said 1.85 hectares of BGHF was in the demolition footprint and that it should not be clear-felled to make way for demolition.
ForestinDanger spokeswoman Jan Primrose strongly opposed the DA claiming 450 BGHF trees would be removed as part of demolition.
“Any impact (on BGHF) would increase the risk of extinction,” Ms Primrose said.
Farida Irani, who lives opposite the site, said she was extremely concerned about “vibration impacts” on her house.
Ms Irani said she has run her clinic from her home for more than 25 years and worried about the noise impacts on her business.
“It is an essential part of our treatment that clients are not disturbed by loud noises during their therapy,” she said.
Trish Brown, of Byles Creek Valley Union Inc, said she was concerned about Powerful Owls which lived near the demolition site, particularly the impact of loud construction noise.
“Powerful Owls do rely on this site for breeding, roosting and foraging habitat.”
Yet Mirvac’s ecologist Elizabeth Ashby said “no breeding activity” of powerful owls had been detected at trees near the demolition footprint for some time.
When questioned by the panel chair Garry Fielding on the noise impacts to the Powerful Owls, Ms Ashby said a buffer area around the nest trees could protect against acoustic impacts.
Mirvac development director Adrian Checchin then said there were “no Powerful Owls.”
“We’ve been monitoring them for years and haven’t seen them on our site.”
“That’s right,” Ms Ashby said before one resident interjected saying, “That is such a lie.”
“I don’t want any interruptions,” Mr Fielding said.
Mr Checchin, who has worked on the site since 2015, told the panel the forest was “not in danger.”
“The proposed demolition DA scope will not result in any serious and irreversible impact on Blue Gum High Forest or Sydney Turpentine Ironbark Forest,” he told the panel.”
He said the site was rezoned in June 2020 from a business park to R3 medium density and R4 high density.
As part of the rezoning, 10 hectares of forest will be dedicated to the NSW Government.
Mr Checchin said demolition was necessary because the existing buildings on site were “redundant” and had been vandalised.
Several community speakers told the panel to not make a determination until a response from the Federal Environment Minister Sussan Ley as to whether protected trees can be cleared on the site.
A decision is expected at the end of the month.
Mr Checchin said nothing raised in submissions warranted deferral or refusal of the application.
“All items have been considered and it serves no one’s interest for ongoing delays,” he told the panel.
He stressed the panel ultimately had to make a decision not on future development plans but plans to demolish buildings at the “end of its life.”
Speaking after the panel meeting, Ms Primrose said: “It was disappointing to hear Mirvac dismiss all of the residents’ requests for better consent conditions that would improve protections for the remaining trees, protection of the wildlife during demolition and for the amenity of the neighbours.”
EARLIER
BY NICOLE PIERRE ON SEPTEMBER 9, 2021
Locals involved in a fight to protect critically endangered forest fear they are heading towards the endgame with chainsaws set to move in.
The federal environment minister will make a final call on whether protected trees can be cleared on a controversial site in Sydney’s northwest.
Mirvac’s application to rezone the former IBM site next to Cumberland State Forest was approved by the NSW Government last June.
About 10 hectares of the West Pennant Hills site was rezoned to preserve critically endangered forest, Blue Gum High Forest (BGHF) and Sydney Turpentine-Ironbark Forest (STIF), and will be transferred to the state government.
The rest of the area was rezoned from a business park to residential with a cap of 600 dwellings
However, developer Mirvac released an arborist’s report which revealed BGHF trees were within the demolition area.
While Mirvac has said it is estimated just 134 sqm of trees would be impacted, environmental groups fear the figure will be much higher.
In July, Mirvac referred its development to the federal environment minister Sussan Ley to determine whether it will be allowed to remove trees, including BGHF.
The Environment Protection and Biodiversity Conservation Act (EPBC Act) is Australia’s national environmental law and ensures that ‘nationally significant’ species are identified and any potential negative impacts on them are carefully considered before developments are approved.
In an EPBC act referral, Mirvac stated about 134 sqm of the 3.02ha of BGHF on site would be “impacted” by the demolition.
Community groups Protecting Your Suburban Environment Inc (PYSE Inc) and West Pennant Hills Valley Progress Association (WPHVPA) have now written to the Minister raising concerns about the impacts on the critically endangered forest.
PYSE spokeswoman Jan Primrose said she was “extremely concerned” with Mirvac’s referral claiming the 134 sqm figure was likely to be on the low side.
She said her group had estimated 450 plus trees would be felled. She said the group got to that figure by comparing the NSW Threatened Species Scientific Community Final Determination for BGHF and STIF against the Mirvac arborist’s schedule of trees within the demolition footprint.
Ms Primrose said: “Clearing more than 450 large mature trees that are species of these critically endangered ecological communities listed under the EPBC Act must be considered to be a controlled action and ought to be refused”.
In Mirvac’s referral it’s stated that some “locally native” trees in the demolition area may have been planted or self-seeded.
Yet Ms Primrose claimed that was not the case. “Historical IBM documentation shows most of it was not planted by IBM. The self-seeding is natural regeneration from the surrounding forest which contains BGHF and STIF.”
WPHVPA president Peter Ernst claimed up to 3ha of vegetation including Blue Gum High Forest and Sydney Turpentine-Ironbark Forest would be destroyed on Mirvac’s current plans.
“We call for this controlled action to be referred to the Federal Environment Minister and that she should refuse to issue a permit for this action.”
Mirvac’s General Manager of NSW Residential Development Toby Long confirmed a referral application was lodged on July 8.
Mr Long said: “Mirvac understands there is no requirement for a federal EPBC Act referral, however in the interest of transparency, given extent of community feedback received, and continuing to be as consultative as possible, we confirm that a referral application was lodged on 8 July 2021 and is undergoing its due process.”
He refuted the claims that 3ha of forest area would be affected and said the figure was closer to 0.01ha.
“It is inaccurate to suggest 3ha of forest area will be affected,” he said.
“An assessment of trees to be removed was completed by a qualified and expert consultant in accordance with relevant legislation.
“While we are working to minimise disruption to any of the remnant forest, our proposed community may require relocation or removal of 0.01ha of BGHF trees. As a result of the hard work of our team, 99.7% of the BGHF site will be retained.”
Mr Long said the site was rezoned last June “to ensure the protection of the forest and allow for a new residential community.”
“Mirvac’s entire premise for the site has been based on putting forward plans that were led from ecological matters guiding design excellence and solutions,” he added.
Local MP David Elliott recently made representations on behalf of the two community groups to Minister Ley.
Hills Shire Mayor Michelle Byrne said: “I am aware that the site contains Critically Endangered Ecological Communities (CEEC) identified under the Biodiversity Conservation Act 2016, such as the Blue Gum High Forest and Sydney Turpentine Ironbark Forest, that provide a habitat for the Powerful Owl and the Dural Land Snail.
“This alone, is one of the reasons I’ve been against this proposal, and have continued to voice my concerns about the impact this development is having on our community.”
Minister Sussan Ley’s office has been approached for comment.
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