I raise concerns about a development currently underway in my electorate—Development Application 1544/2010 at Lot 61 Braidwood Drive, Prestons, in the Liverpool local government area. The 2010 in the application number marks the year it was lodged, some 13 years ago. Despite that, work has only just commenced in the last few months. By most reasonable definitions, this is what is known as a zombie DA, or development application. Local residents became concerned and contacted me when they saw fencing being erected around the site in mid‑March this year. One long-term resident remembers opposing the DA when it was first lodged. Other residents have questioned how the development could proceed as they understood the site to be ecologically significant. Indeed, entering the address into Google Maps will show it as "Cumberland Plain Woodland". The location is home to the critically endangered Cumberland Plain land snail.
Sadly, recent work on the site has turned what was once thick native vegetation into 49 ready‑to‑develop residential lots. Upon making inquiries with Liverpool council, a strange series of decisions emerged. The DA was lodged in June 2010 and approved by council a year later with correspondence stating that the DA would lapse in August 2016. Nothing much happened on the site in the intervening years. However, on 19 August 2016 a request was received by council seeking a determination that work had started on the site. This would prevent the DA from lapsing, if granted. Council reviewed the request and issued a determination confirming that development had substantially commenced just three days later, on 22 August—the exact day the consent was set to lapse.
Those familiar with the workings of local government, at Liverpool council in particular, would be no doubt impressed with the speed at which that determination was made. What is more remarkable is that the day the request was made was a Friday and council's determination was made on the following Monday. In effect, that means it took a single working day to establish substantial works had been undertaken. What were those substantial works? In council's own words they were survey work, erosion and sediment control, and geotechnical site investigation—that is, a series of small holes to do some soil testing.
One of the biggest issues in the area is traffic. The neighbourhood is congested most days due to narrow streets, poor design of the road network and a nearby prep to year 12 school. The only way in or out is via the aforementioned single lane Braidwood Drive. One resident who lives a few houses down from the subdivision told me that if she is away from the house at any time past 2.00 p.m., she does not bother returning home until after 4.00 p.m. to avoid the bumper‑to‑bumper gridlock. Demographics, work patterns and social behaviours have all changed since 2010. We are more aware of the impacts of the urban heat island effect and the importance of green space in urban and residential areas. In a recentGuardian article on zombie development applications, General Manager of Kempsey Shire Council Craig Milburn said:
Our concern is that an old development can clear a site when we know that the science and community expectations have changed …
The response from Liverpool City Council has been less understanding. When a nearby resident made inquiries about the works, council CEO John Ajaka responded, "There is no basis to request updated reports or studies." I beg to differ. The original traffic report from the time runs at barely six pages and devotes two scant paragraphs to traffic generation, claiming that the development will generate just 42 peak-hour vehicle trips. Given that, a reasonable person might argue that the determination from 2011 is now obsolete. That is one of the reasons that section 4.53 of the Environmental Planning and Assessment Act 1979 outlines specific time frames by which work must have substantially commenced, otherwise an application will lapse. However, developers are clearly exploiting loopholes.
I am no nimby and commend the Government for the swift action it has taken to arrest the housing affordability crisis and fix the broken planning system. But we must get the balance right and build not just as many dwellings as possible but also thriving, cohesive and livable communities with good amenities. If we do not, we will solve one crisis but create new social and environmental ones. Sadly for the residents of Prestons, it is too late. They now face disruption, shaking to their houses during construction and further traffic chaos. They have lost a green lung in a wonderful part of my electorate.
