Protected grassland 'delays' Goulburn development

The grass looks like any other but in fact it’s not. Colloquially known as ‘heritage grass,’ it is a critically endangered ecological community that must be protected under the State’s Biodiversity Conservation Act. Box gum woodland on the site where a company wants to develop 205 lots has further complicated matters.

The new laws, passed last July, have held up developments not just at Marys Mount but elsewhere in Goulburn and NSW. They require developers to either buy extra land to offset the impact or purchase ‘credits’ from the government.

In this case it has meant buying an extra 116 hectares at Biala “at great cost.”

“The grass is everywhere. The biodiversity legislation is a big mistake; everyone is affected by it,” Mr Kelly said.

“If the grass is so precious why not keep it instead of requiring people to buy an offset? We don’t believe it’s a problem because it doesn’t seem to be an issue next door at Teneriffe (where some 360 lots are planned). It doesn’t change because of a wire fence.”

Mr Kelly consulted the land’s purchase by MaxiLife Properties Australia, a registered charity. Consultants Spacelab prepared the application on behalf of project manager, Maxiwealth Holdings Pty Ltd. 

Mr Kelly also has a 25 per cent stake in the development and blamed the laws for holding up the DA since April, 2017 when it was lodged. He said he was getting nowhere with the council’s planning department and three months ago approached Mayor Bob Kirk and general manager Warwick Bennett.

“He (Mr Bennett) has been very helpful. He’s got it assessed and (partially) approved,” Mr Kelly.

At Tuesday’s meeting, councillors granted deferred consent for the 205-lot subdivision on 41ha formerly owned by Tony Lamarra. It is conditional on approval of a biodiversity assessment report by the Office of Environment and Heritage (OEH).

The report must demonstrate the development “won’t have a significant and irreversible impact on any threatened species or endangered ecological community.”

Mr Kelly said the document would be prepared in the spring. He hoped for OEH approval several months later.

The approval is also conditional on a voluntary planning agreement between the council and developer, creation of a stormwater easement, among other aspects.

“We’re happy with that because DA approval was needed to purchase the property and to secure financing,” Mr Kelly said.

Pending OEH approval, the company hopes to start work early in the new year.

The project comprises 205 lots in stage one and about 120 in stage two, to be developed over four years. Blocks range from 350 to 700 square metres. Mr Kelly said people didn’t want large lots these days and the 350sqm would allow for a duplex and small yard or a house on 700sqm.

“It’s catering for everyone,” he said.

“In Oran Park you can buy 250sqm blocks and in the Hills district of Sydney – 300sqm lots. People don’t want a quarter-acre block but something that’s easy care. It’s a fact of life.”

Mr Kelly believed the land would be quickly snapped up given Goulburn’s population growth and the fact that Sydney people were “coming here in droves.”

Mr Bennett acknowledged the DA had “stalled” in the council’s planning department.

“The applicants were getting very frustrated and might have taken this to court,” he said.

“I had a discussion with them and we agreed to put an external consultant on it and try to get some kind of progress.”

The council engaged Purdon Planning at a $15,000 cost to prepare a report and make recommendations. It was this that councillors acted upon on Tuesday.

Mr Bennett said Purdon was working closely with him on several applications to help the planning department’s workload and progress DAs that had stalled.

Asked about the impact of the protected grassland on projects, he told The Post it had only come to the council’s attention in the past eight or nine months.

“I think it’s becoming a significant issue that we need to address. We will wait for the applicant to do his studies in the spring and hopefully that will determine whether this heritage grass is of value that will require its protection in NSW or is of limited quality.”

Meantime, Cr Kirk applauded the level of development at Marys Mount and elsewhere in Goulburn.

“Marys Mount was always designed to have 2000 lots and we’re halfway there. The others are on the horizon and that augurs much for the growth of the town and developers’ and investors’ confidence,” he said.

“They’re speculating and putting their hard earned on the line. We try to ensure it happens in an orderly way but to the extent we can, we want to see all those developments happen and for developers to have success. They in turn create a whole lot of economic growth for the community and it’s ongoing.”