Mod 11

The release of Stage 14 has been delayed purely as a result of
actions/inaction/delays by the proponent, Rawson. The purchasers of
Stage 14 lots have been significantly impacted as a result. I object
to the Mod 11 application in its current format. Whilst Rawson has
proposed a 100% bank guarantee for the works, there is no indication
that an independent evaluation has been conducted to ensure that the
road construction cost (as determined by Rawson) is accurate. As with
any construction, costs can vary and increase due to rain delays and
other factors. So whilst the bank guarantee provides partial
protection it is insufficient and provides Rawson with the option of
walking-away from the intersection construction. What guarantee do the
residents then have that the RMS will construct the road? What happens
if road construction costs increase with time? What happens if a
quantity surveyor determines that the intersection will cost more than
the current estimate?

I would support the modification application if the NSW Dept of
Planning added a new condition into the project approval, requiring
the second access road to be fully completed prior to the release of
any further subdivision certificates (i.e. stage 14 could be released,
but not stages 18,19 or 20). These remaining stages are still under
construction, and it is entirely feasible that Rawson could engage a
contractor & have the second exit road completed & signed off by the
relevant authorities, to coincide with the completion of stages 18, 19
and/or 20.
The various developers of this Estate have continually demonstrated
that they will only complete works if it is contained within a
specific, well-written, unambiguous clause within the Project Approval
documentation. Preventing the release of stages 18, 19 and 20 until
the intersection is complete & signed off is the only way of ensuring
that Rawson actively works complete the road in a suitable time-frame.

Before the estate increases its population the second access must be
built. It has already been ascertained that this exit is needed for
the safety of all residents should an emergency happen. Adding more
people will only put more congestion on the only exit adding risk to
current residents, who were told the second access would be completed
long before now. The developer should have already completed this as
per original plan. The second access is needed immediately and I
object to any more land release until it is fully functional.

I object to the delays and obstructionist ways that the developer is
using to get out of building the second entrance. They do not want to
build it to save them money there is no other reason.
The entrance must be built due to the current restricted one and only
entrance on the southern end of the estate. Port Stephens council will
be held liable by the residence and NSW Government for loss of life
resulting from blockage of the southern entrance during bush fires. In
the future if the northern entrance is not completed.

STRONGLY APPOSED

We purchased our property and pay land tax in good faith and this road
should have been in existence already. This builder has delayed it
hoping to modify for his pwn profit, the number of lots and change the
original proposal we purchased off. He has already got benefits and
was clearly given the above stipulations.

There is no way that any other authority should be given control over
the provisions NOR should this condition which was clearly made be
varied and / or removed.

It is already an issue for safety access, for convenient bus travel
(and travel times) convenience for residence plus also negatively
affected by the already varied changes to improve the owners profits,
not the communities or what they bought / agreed too. We only want
what we paid for and agreed to and hold the Planning Department
responsible for this.

This is another change of convenience for profit of the owner, not the
many residents that invested in the originally approved plans that
have now been varied.

The fact they are trying to change the only condition kept out of the
last disastrous changes, points towards corruption.

Build the road and intersection. It should have already been done
instead of spending all their time trying to delay / get out of it. I
can't believe they are having another crack. They are lucky for what
was varied last time.

STRONGLY APPOSED. RIDICULOUS

The developer has continually delayed in their requirements and this is
just one other example.

There are numerous safety and congestion issues already being
experienced in the estate and the proposal to delay the second opening
onto Nelson Bay Road to enable more houses to be constructed in the
interim will further add to the issues currently being experienced.

The developer must meet the requirements of the Project Approval,
otherwise what would be the point in putting such timeframes and
expectations on them when they can continually delay.

The Project Approval was approved in 2010. The developer has more than
enough time to sufficiently organise themselves to ensure that they
can achieve what is expected within the stipulated time. The delay in
the opening of the second entry/exit is not appropriate and stems from
the developers poor organisation, cost cutting and ongoing delays
experienced throughout the entire development.

There has been no justification for the modification and the only
communications from the developer was to hold a meeting with 2 days
notice. As a result, we couldn't attend due to the short notice.

I strongly oppose the proposed modification sought.

the second entrance / exit will be required leading into bush-fire season
, the sooner the better for residence safety. The other question I
have is have the circumstances changed from the original approval and
what are the developer real motives for requesting this change, they
have sent out a formatted letter to the land buyers and had them sign
them, what were the land purchases told when they purchased the land,
why has it taken so long for the developers to complete the road and
now wait and apply for a consent change..... I don't agree, make
developers complete the work they have started.

As owners of Lot 10 Dune Dr we wish to submit our support in allowing
this Modification to be accepted.
We understand that the developer has completed all works within Stage
14 and understand that the developer is prepared to bond the costs of
the extention onto Nelson Bay Rd.
We have suffered severe financial costs due to this delay and will
suffer further costs if this modification is rejected. Further the
stress of this ongoing delay has caused health issues and so we
sincerely hope State Planning would take this into consideration.

As owners of Lot 10 Dune Dr we wish to submit our support in allowing
this Modification to be accepted.
We understand that the developer has completed all works within Stage
14 and understand that the developer is prepared to bond the costs of
the extention onto Nelson Bay Rd.
We have suffered severe financial costs due to this delay and will
suffer further costs if this modification is rejected. Further the
stress of this ongoing delay has caused health issues and so we
sincerely hope State Planning would take this into consideration.

This modification does not have a sunset date or completion date for the
intersection. There is no explanation that gives clarity to the
extension time requested so it may drag on for considerable time for
completion which is my objection.
Had RAWSON put in a projected contractual finish or completion date
then i would have no objection.
Should Rawson or NSW planning provide a date of completion of the
secondary entry exit then happily i will support the modification 11.

We have purchased in stage 14 at fern bay,
we here by give our full support for this stage to be released
prior to the road works have been completed.

Rawson have our full support.

Yours
Mr Norman and Mrs Deborah Randall

As a current resident of Fern Bay I object to this modification. I would
like to see the Seaside Boulevard extension competed to enable another
access point into and out of the estate.. i have concerns about access
in a bushfire emergency with the single access point we currently
have. I am also concerned with there being a childcare center being
build and thr access required by the parents using thr center, not to
mention if there is an emergency and the children cannot be evacuated
out of the estate.

I am writing on behalf of the Fern Bay/Fullerton Cove Progress
Association with regard to Stage 14 (Windsurf) Seaside Fern Bay.
Rawson Communities have lodged Modification 11 to 06_0250 Seaside
Boulevard, Fern Bay requesting approval to bring forward registration
of this stage prior to the 2nd access road into the estate being
completed.

At this stage, purchasers of land in Stage 14 have not been able to
commence building due to the construction of the 2nd access road being
a condition of registration of this stage.

As the purchasers of land in Stage 14 have already waited an
exceedingly long time for their land to be registered (which is
costing them a lot of money over and above what they expected), we
wish to advise you that as the Progress Association representing this
area, we support the modification being approved so purchasers can
commence building. We would want this modification approved with a
condition that Rawson Communities lodge a bond for the total cost of
the 2nd access road and have a completion date of end 2019 imposed.

We request you to please arrange for the approval of the modification
as soon as possible to allow these purchasers to commence building.

I am writing in regard to Stage 14 (Windsurf) Seaside Fern Bay. Rawson
Communities (Fern Bay No 1 Pty Ltd) have lodged a Modification of
Consent 11 with the NSW Dept of Planning requesting approval to bring
forward registration of this stage prior to the second access road to
the estate being completed.
Being a prospective purchaser of land in Stage 14, I strongly urge the
Planning Dept to approve this application. The current delay in
registration of this stage has financial implications for all Stage 14
purchasers, including ourselves.
Personally we have been tenants in Fern Bay for far longer than we
originally envisioned, which has impacted upon our financial position
as I am now a retiree without regular income. We are aware of others
in similar situations to us.
We are not in any way suggesting that the second access road should
not be built, only that the registration of Stage 14 land occur
simultaneously with the construction of the access road.
Yours sincerely
Michael and Frances Donohoe

We strongly object to any more registration of land within the seaside
estate before the completion of the northern access road. The delay
will impact us as much as anyone as we are owners of land in stage 14
however the safety aspect to us and everyone else in the estate should
be the highest priority of the council. Seperating the requirement for
completion of the access road from the registration of the stage is
only going to delay the completion even further while increasing the
population and traffic within the estate and therefore the likelihood
of disaster in the event of fire. Considering we are entering
potentially the worst fire season ever with the droughts that have
already impacted Australia I do not want to risk more than we need to
and would rather be safe than sorry

I support this to enable stage 14 buyers to build ASAP.

To mitigate any risk of non-payment, the proponent should deliver the
$2.4million bank guarantee PRIOR to release of Stage 14, not when the
construction is scheduled to start.

I feel the second road must be finished before the stage is released for
the following reasons.
So many times the current in and out roads have been blocked by fallen
trees during storms causing people to be stuck in or out of the
estate. I've also seen cars drive up the wrong road against the
traffic flow when this has happened and each road been a single lane
its lucky nobody has had a head on crash.
In the event of a bush fire the current in and out road is lined by
trees which would if caught fire trap people in the estate which is
surrounded by bush land.
Allowing more houses/people to live in the estate would cause more
traffic jams in the event of people having to flee the estate in the
event of a bush fire. The bush land around the estate couldn't be back
burned the winter as conditions didn't suit meaning more fuel on the
ground equaling a stronger fire.
People who have lived and built in the early stages have wait long
enough to see this second road built.

I wish to provide my objection to the modification to the proposed need
for the second exit to be removed from the agreement made by Rawson
Communities. This is due to the safety aspect of the need for a second
exit and not to prevent the land being released to Stage 14. Rawson
Communities have had at least 2 years to go ahead with the second exit
but have dragged their feet and tried every legal avenue to stop it
being a second usual exit. And have failed.
To use innocent people, the land buyers, as bargaining tools is
disgusting and shows that are just about making money and not
considering danger to lives.
When we built our home, we have had to modify our home to be safe due
to the risk of bush fire. Rawson Communities are putting us all in
danger as there is only one exit into and out of the estate. Since I
have lived in the region there has already been a blocked exit and no
one could get in or out until Emergency service dealt with the
problem. What would happen if there had been a bush fire in that case?
The fire hazard is real considering that no back burning had been able
to be performed due to climatic conditions.
So, for these reasons,I object to the modification of the erasure of
the finishing of the second exit and am disgusted that Rawson
Communities can legally hold people's lives to ransom all for the sake
of profits.

I reside at Sea Side Fern Bay and I believe that the submission to extend
the time frame for the northern extension of Seaside Boulevard should
not be allowed.
The estate has only one access road which due to the number of
completed houses has now become a busy street and we currently only
have one way in and out
In order to get my child to school I have to take her to the first bus
stop in the estate and I believe this is because the bus will not come
right through the estate until seaside boulevard is linked with Nelson
Bay Road.It is up to the developer to ensure they meet their pre
agreed deadlines and the views of residents are taken into account.

I am writing with regard to Stage 14 (Windsurf) Seaside Fern Bay. Rawson
Communities have lodged a Modification of Consent 11 with the NSW
Department of Planning requesting approval to bring forward
registration of this stage prior to the 2nd access road into the
estate being completed. At this stage, purchasers of land in Stage 14
have not been able to commence building due to the construction of the
2nd access road being a condition of registration of this stage. As
the purchasers of land in Stage 14 have already waited an exceedingly
long time for their land to be registered (which is costing them a lot
of money over and above what they expected), we wish to advise you
that we support the modification being approved so purchasers can
commence building. We would want this modification approved with a
condition that Rawson Communities lodge a bond for the total cost of
the 2nd access road and have a completion date of end 2019 imposed. We
request you to please arrange for the approval of the modification as
soon as possible to allow these purchasers to commence building.