MOD 19 - Bulk Earthworks

Submission to Reject Modification 19 Kings Forest NSW 2487
Once again, a Development Application with continual Modifications, this process is the downfall of all the good work completed many years ago at a State Government Enquiry to ensure a decent outcome for the Tweed Coast Koalas.
The threat for the Koalas has not lessened in any way, if anything is more urgent than ever.
Their sicknesses come from stress with habitat loss, to think that changes within this development will not have an effect on these threatened species is absurd. The NSW Govt has spent a lot of money on the Pottsville Rehab facility for Koalas, so they do understand the coastal species is under threat, Chlamydia one of the major illnesses these koalas have, is brought on by STRESS, stress from losing their habitat, bit by bit, until it is all gone. Koalas are not like humans, they cannot just be moved to other places and adapt, they will not survive, they are a Landscape Species. Even the token planting of trees in other places to justify removing koala habitat within an area, is bizarre and accomplishes nothing, once their set habitat is gone, they will be gone.
First Developer and now Stocklands, bit by bit chewing away at the agreement, so many broken promises spanning over 30 years with this parcel of land. The controversy has not disappeared and the people who fought to protect these threatened Koalas have not disappeared. The pressure may be on for housing, but Kings Forest is not the only development, excuses, excuses, the government has to not look at this one (controversial) Development to fix all its problems. The losers being the Koalas, shame on the government.
I do not support any type of earthworks being carried out on the golf course area, it becomes quite obvious, the continual modifications will eventually remove the golf course and turn it into more housing, something that was not planned. The Concept Plan was approved based on the Golf Course area (Cudgen Paddock) was to remain untouched, is a thoroughfare for these koalas to traverse as they must within their habitat, for seasonal mating, for food and water to seek special trees to have their babies, etc it must remain untouched without developers doing their very best to destroy it all. It’s like cutting a major highway at a set point just because it is convenient to house the earthworks in the vicinity, would you do it? No! You must understand the importance of what this modification is seeking and its direct correlation to produce adverse effect upon the Koalas and reject the modification as unacceptable.
Remember a very big Independent Inquiry occurred a few years ago, the people stood up and spoke at an Independent Council to push back and get the best of a bad situation for these koalas, now these changes seek to undermine this very hard-earned outcome, time does not erase the truth, the battle fought for some justice, and money should not be the only currency with this situation. They need to stick to the plan, not destroy it modification by modification. We do not forget and time does not erase the importance of the Development to stick to the plan.
On behalf of myself and four other members of my family all Tweed Shire residents we reject this modification. Do not allow the passage of time, to soften you and treat this matter with any less importance than the decisions made not so long ago.
I reject this Modification in its entirety.

Submission to Reject Modification 19 Kings Forest NSW 2487
These Modifications, will bring about the downfall of all the good work completed many years ago at a State Government Enquiry to ensure a decent outcome for the Tweed Coast Koalas within Kings Forest.
The threat for the Koalas has not lessened in any way, it is worse and it is urgent to protect them and value them as the endangered species that the Tweed Coast Koalas are !
Their sicknesses come from stress with habitat loss, to think that changes within this development will not have an effect on these threatened species is absurd. The NSW Govt has spent a lot of money on the Pottsville Rehab facility for Koalas, so they do understand the coastal species is under threat, Chlamydia one of the major illnesses these koalas have, is brought on by STRESS, stress from losing their habitat, bit by bit, until it is all gone. Koalas are not like humans, they cannot just be moved to other places and adapt, they will not survive, they are a Landscape Species. Even the token planting of trees in other places to justify removing koala habitat within an area, is bizarre and accomplishes nothing, once their set habitat is gone, they will be gone.
First the Developer and now Stocklands, bit by bit chewing away at the agreement, so many broken promises spanning over 30 years with this parcel of land. The controversy has not disappeared and the people who fought to protect these threatened Koalas have not disappeared. The pressure may be on for housing, but Kings Forest is not the only development, excuses, excuses, the government has to not look at this one (controversial) Development to fix all its problems. The losers being the Koalas, shame on the government.
I do not support any type of earthworks being carried out on the golf course area even if it proposed for a short time, this was not in the plan. The Concept Plan was approved based on the Golf Course area (Cudgen Paddock) remaining untouched, to allow the Koalas to cross these designated areas to access food trees, water, mates, etc. within their habitat, It must not be risked for the convenience of Developers, they have their restrictions, they bought Kings Forest based on the existing constraints therefore they need to respect the decisions, the koalas and the residents in the Shire, that fought hard to ensure a better outcome. If this is Stage 1, what are we to expect then for the next stage and the next ? The precedent will be set if it is not rejected, therefore disillusioning the residents of NSW that your departments processes are merely placating the public until the Developer starts turning over the Soil, to then twist and contort and remove the very rules and regulations put in place to permit the Development to go ahead in the first place. It must remain untouched without developers doing their very best to destroy it all. You must understand the importance of what this modification is seeking and its direct correlation to produce adverse affects upon the Koalas and reject the modification as totally unacceptable. When is No a possible Yes over Time ?
Remember a very big Independent Inquiry occurred a few years ago, the people stood up and spoke at an Independent Inquiry to get the best outcome possible with such a development. Now these changes seek to undermine this very hard-earned outcome, time does not erase the truth, the battle fought for some justice, and money should not be the only currency with this situation. They need to stick to the plan, not destroy it modification by modification by modification. We do not forget and time does not erase the importance of the Development to stick to the plan.
The passing of time should not make this matter any less important than the decisions made not that long ago.
I reject this Modification in its entirety.

The proposed golf course area at Cudgen Paddock provides a crucial buffer zone for local koala protection. The original Concept Plan was fundamentally anchored on retaining this land, following a 12-year struggle by the community and Tweed Shire Council to secure these vital environmental conditions. Allowing earthworks to proceed in this sensitive area is a clear precursor to development—an unacceptable breach of the approved plan that must not be permitted.

Team Koala is a Registered Charity formed in 2009 in the Tweed Shire with over 2,600 members. Our mission is to educate, advocate and raise awareness in protecting our precious koalas of the Tweed Shire and surrounds. The President, Jenny Hayes, is on the Koala Advisory Committee of Tweed Shire Council and Team Koala have been influential throughout the schools in the Tweed Shire and beyond. Team Koala has been awarded many accolades including Community Event of the Year for bringing the the community together to promote the protection of the Tweed koalas and encourage koala friendly development. The President of the organisation has been awarded Volunteer of the Year and Citizen of the Year in the Australia Day Awards. Last year Team Koala was granted the People's Choice and Conservation and Habitat Award in the Sustainability Awards from the Tweed Shire Council.

Since 2010, Team Koala has submitted the highest number of Submissions with respect to Kings Forest in NSW State history with over 3,000 Submissions relating to each Modification (1V) by the developer. Clearly, there has been massive interest from the Community due to the Endangered status of our koala colony on the Tweed. The koala colony which resides in the Kings Forest development is already under threat from expanding urbanisation, increased traffic to the area, fires and the chlamydia virus which has left our koala numbers in peril to the tragic point of near extinction. As a Community we have to do everything we can to provide buffers to allow free movement of the koalas and other wildlife through nature corridors.

A key finding of an independent report by Eco Logical Australia on the Koala Plan of Management was to include a koala corridor through the golf course. The extent of earthworks in protected areas undermines the very intent of managing these areas for their environmental values. Buffer zones are the only means that koalas will be able to survive this, as dogs will be allowed in the housing development. This is why when the Concept Plan was approved for this development, the golf course was a crucial zone to provide safe passage for wildlife. Having bulk earthworks in the golf course area gives the koalas no chance of survival. They will have nowhere to go. To imagine no wild koalas remaining is unthinkable and totally unacceptable. As humans, we have a duty of care for our national icon which brings in 3.2 billion dollars and 30,000 jobs according to the Australian Koala Foundation. The prospect of seeing koalas in the wild is unique to our country, worth an estimated 1 billion in tourist dollars. We have a responsibility to continue seeing koalas in the wild and having these proposed bulk earthworks in the golf course is a death nell for our koala population. Therefore, the proposed golf course should be left in its natural state as per the approved original Concept Plan. Such a substantial increase in earthworks area as proposed in this modification will significantly impact wildlife movement. And as per point 66 on page 23 of the Conditions of Approval of this development, any revisions to the original plans must result in an equivalent or improved environmental outcome. BULK EARTHWORKS IN THE GOLFCOURSE WILL DEFINITELY NOT have this desired outcome. The extent of earthworks area makes it near impossible to manage all wildlife and sedimentation.
The proposed earthworks potentially pre-empts future development of the golf course and this is totally unacceptable as the community fought for over a decade to preserve a buffer zone to be integrated as part of the golf course. Tweed Shire Council is an important stake-holder and has also endorsed the preservation of the golf course. As a Community we are deeply concerned about who is going to audit, monitor and hold to account any digression from that which has been stipulated in the approved plan. Someone needs to take responsibility, rather than merely paying lip service to this matter.

In addition, the Wallum Sedge Frog is another species under significant stress. They are under serious threat and are listed as vulnerable under Australian State and Federal Environment laws. Clearing the golf course destroys their specialised homes. Urban runoff, drainage works and ground water extraction alters the delicate naturally low water acidity and water tables these frogs depend upon. These unique "acid frogs" are endemic in south east Queensland and northeast NSW. Their habitat must also be retained in order to ensure their survival. The bulk earthworks would have a devastating impact and further stress their shrinking populations. We cannot continue to put development pressures on this unique and delicate creature.

Temporary fencing to mitigate potential impacts to koalas during bulk earthworks also needs to be monitored. The community should have onsite access to see that it is actually carried out and reported accurately to the Public. The inspections, monitoring and maintenance of koala mitigation measures, according to the Concept Plan, should be taken at least 6 monthly and the community has not been able to access these inspection reports, if indeed they have been implemented. Furthermore, we are also concerned about the pre-clearance surveys (to be done by a qualified individual and in consultation with the Department) which must be taken at least one day prior to the commencement of the Earthworks in each precinct. If any of these precious Koalas or Wallum Sedge Frogs are found they must be safely relocated from the area to be disturbed. We absolutely insist that these measures be performed as specified by the Department of Planning, Housing and Infrastructure in their original approval, without these unnecessary modifications.

Given the decade long years that the community has fought tirelessly for koala-friendly development, we insist that the Department honour their final ratified Approval and respect the community's conviction to protect our koalas in the wild. It is unfair for the Developer to continually submit modifications when the Department clearly stated that there were to be no further modifications in regard to this development. The community is completely fed up with the Developer pushing the limits for their own gain to the detriment of our precious koala population. Public exasperation has reached a peak. We earnestly urge the Department of Planning, Housing and Infrastructure and Minister Jackson to consider the impact of the Developers proposed modifications in light of the irreversible potential damage to our koalas generated by such earthworks.

The submission is an objection to the application in its current form.

The stated benefit is faster housing delivery and a shorter overall construction period. However, some concerns are:

There is no clear limit across the whole site, so several large areas could potentially be exposed simultaneously.
Greater short-term dust, noise, truck movements and runoff risk.
Existing cut-and-fill controls would be removed.
Works permitted within ecological buffers would be broadened.
Some detailed heavy-haulage protections would be reduced.
Parts of the monitoring documentation are still marked draft, with unclear stop-work triggers and public reporting.

This modification does not increase the approved total of approximately 4,500 homes it changes how quickly and extensively the land can be worked.

A reasonable compromise would be:

a maximum of 60 hectares across the entire site, not per paddock;
progressive rehabilitation before opening new areas;
real-time public dust and water monitoring;
protection of ecological buffers;
retention of flood and haulage safeguards; and
independent environmental auditing.

This isn’t about stopping housing. It’s about ensuring faster development is properly controlled and doesn’t create unnecessary impacts for residents or the enviroment

Please find the Department's submission to the proposed development attached to this email. We also request that the Department is continually engaged for any future proposals relating to the Kings Forest Estate.
Should you require further information, please contact the department’s Statutory Planning team at [email protected].

Too high - 6 storeys is ridiculously out of character for the area, let alone being unstable on a sand base so close to the sea.
Too many trees removed. Those Norfolk Pines are at least 50 years old.
Parking ? Where is the parking for all these residents and their visitors?? Any carpark below ground would be very destablising for the building as well as the number of spots.

Please find attached objection from Kingscliff Ratepayers and Progress Association Inc to Mod 19 - Bulk Earthworks MP08_0194-Mod-19
Many thanks
Peter Newton
President

I have added an attachment that outlines why our Landcare Group objects to this Project Modifications

Friends of the Koala's submission is attached.