Clearing of Land to Be Discussed at Council Meeting

Community Land at the Corner of Broulee Road and Clarke Street

The BMPCA has lodged a number of questions to be discussed at the upcoming Council Meeting. These questions relate directly to the four issues below. A friend of the Community Association has also prepared a summary of the relevant rules and legislation.

1. Why there was no communication with the community about the use of the Community Land and the land proposed for Community Land although there were many opportunities for this. The letter from Andrew Bain to the General Manager raises this issue in more detail.
2. Why was the creation of an APZ on public land provided for this developer. Normal practice seems to be for the developer to provide APZ requirements and associated building requirements within their own boundaries.  The Local Government Act, Standards for Asset Protection zones states the APZ should be located wholly within your land and the NSW Government/ RFS Planning for Bushfire Protection (PBP) states that the APZ should be contained within the overall development site and not on adjoining lands.
3. Has the APZ been created with due consideration and compliance with all legal requirements and Council requirements? For example the Planning for Bushfire Protection (PBP)  requires an easement under the Conveyancing Act and that the developer obtain written confirmation that the easement will continue in perpetuity. All legal requirements should have been completed at the time of the DA in February.  Has this happened?
4. Can an APZ co-exist with Community land categorized as Natural Area: Bushland. They both have their own sets of rules and guidelines that seem to be contradictory. For example the PBP requires that an easement should not be considered where the adjoining land is used for a public purpose and where the vegetation management is not likely or cannot be legally granted, while the intention of the adopted Plan of Management was that the Community Land would be categorized as Natural Area: Bushland
   

We understand that the topic will be an agenda item for Council on Tuesday 13 July 2021. Andrew Bain has registered to talk prior to this meeting. At this stage the public can attend but numbers are limited. Covid may get in the way of this.