Modification 1 - Realign development footprint

To Whom It May Concern:
Submission re Modification Application: “Realign development footprint” – West Culburra Development
In summary, I object to proposed modifications to the West Culburra development application.
In my view, these changes are not minor, as they may undermine or remove critical protections imposed by the NSW Land and Environment Court (2021) and the Federal Environment Minister under the EPBC Act (2025).
1. Definition of “baseline”: The developer proposes to change the definition of “baseline” data, by replacing the “works” with “construction” in “baseline” data collection. This would allow early works such as clearing or pipe-laying to occur before environmental studies are complete. Baseline data MEANS before any works commence, otherwise monitoring of waterways, wetlands, and oyster farms will become unreliable and ineffective.
2. Condition A9 (lapse of consent): Currently, approval would lapse after five years unless the approved DA has commenced. The developer seeks to extend consent indefinitely if any “construction work” starts, which would bypass reasonable Council and community scrutiny of future stages and is therefore NOT acceptable.
3. Stormwater and water quality issues: The proposed stormwater management plans are based on uncalibrated modelling and outdated, incomplete rainfall data (8 years from 1965–1973, taken inland at Nowra),rather than recent coastal data. Independent experts warn the system will not cope with flood events and will lead to runoff and pollutants flowing into Curley’s Bay, Lake Wollumboola and the Crookhaven River.
New independent modelling should be commissioned using up-to-date 20-year coastal rainfall and flood data before any stormwater conditions are approved.
Conclusion: The proposed modifications should not be treated as minor. They significantly alter baseline protections, they weaken expiry / timeline safeguards and they risk serious and permanent damage to near pristine waterways and ecosystems.
I therefore request that the Department:
• Reject the proposed change to the definition of “baseline.”
• Retain Condition A9 requiring commencement of an approved DA.
• Require independent, updated stormwater and flood modelling before approval of any water management conditions.

Submission re Modification Application: “Realign development footprint” – West Culburra Development
In summary, I object to proposed modifications to the West Culburra development application.
In my view, these changes are not minor, as they may undermine or remove critical protections imposed by the NSW Land and Environment Court (2021) and the Federal Environment Minister under the EPBC Act (2025).
1. Definition of “baseline”: The developer proposes to change the definition of “baseline” data, by replacing the “works” with “construction” in “baseline” data collection. This would allow early works such as clearing or pipe-laying to occur before environmental studies are complete. Baseline data MEANS before any works commence, otherwise monitoring of waterways, wetlands, and oyster farms will become unreliable and ineffective.
2. Condition A9 (lapse of consent): Currently, approval would lapse after five years unless the approved DA has commenced. The developer seeks to extend consent indefinitely if any “construction work” starts, which would bypass reasonable Council and community scrutiny of future stages and is therefore NOT acceptable.
3. Stormwater and water quality issues: The proposed stormwater management plans are based on uncalibrated modelling and outdated, incomplete rainfall data (8 years from 1965–1973, taken inland at Nowra),rather than recent coastal data. Independent experts warn the system will not cope with flood events and will lead to runoff and pollutants flowing into Curley’s Bay, Lake Wollumboola and the Crookhaven River.
New independent modelling should be commissioned using up-to-date 20-year coastal rainfall and flood data before any stormwater conditions are approved.
Conclusion: The proposed modifications should not be treated as minor. They significantly alter baseline protections, weaken expiry/timeline safeguards, and risk serious and permanent damage to near-pristine waterways and ecosystems.
I therefore request that the Department:
Reject the proposed change to the definition of “baseline.”
Retain Condition A9 requiring commencement of an approved DA.
Require independent, updated stormwater and flood modelling before approval of any water management conditions.

The biodiversity development assessment reports (BDAR’s) lodged with this proposal are
majorly non-compliant with their legislative requirements. There are numerous failures to
meet the minimum requirements set out in the Biodiversity Assessment Method Order 2020
(BAM). Of foundational relevance, is a series of non-compliances within ELA 2025 with subsections
4.3.3(2.(d)), 4.3.3(4.(b)), 4.3.4(1.) of the BAM. These issues relate to minimum surveying
requirements.

The methodology which is legislatively prescribed within the BAM Chapter 4, is of
particular influence to the reliability of the rest of the biodiversity assessment. Due to the key point at
which the methodology was not followed, these non-compliances profoundly undermine the
quality of the information produced throughout ELA 2025. In consequence, information
which needs to be considered in a complete form has been provided incomplete; regarding threatened
species which potentially occur on-site, and key details involving impact avoidance,
mitigation and offsetting.

Due to the non-compliances, these BDARs are inadequate for the legislative purposes pursuant
to the Biodiversity Conservation Act 2016 s 6.7 & s 6.12.

In other words, the proponent has not supplied the appropriate documentation, (a valid
BDAR), which is necessarily required for a lawful evaluation of this proposal's environmental
impacts. In consequence, consent must be refused for this application.

I hope the information provided in my detailed attachment will assist your assessment of these
matters.

Kind Regards
Samuel Cooper

Subject: Objection to Modification Request – West Culburra Development
We wish to register my objection to the proposed modifications for the West Culburra development.
As rate payers of Culburra Beach and owners of Prince Edward Avenue, we have experienced ongoing failures of our existing sewerage system. During moderate to heavy rain, stormwater infiltrates the system, causing sewage to back up into our property and leaving us unable to flush toilets or use taps safely. This is a basic public health and sanitation issue, and the system is already operating beyond capacity. Adding further demand from a large-scale development without significant infrastructure upgrades is unacceptable and dangerous.
In addition to these urgent capacity concerns, we strongly object to the proposed changes to:
• Redefine “baseline” to mean before “construction” rather than “any works,” which would allow early works to begin without accurate environmental data.
• Remove or weaken condition A9, which would keep the consent alive indefinitely without full and proper assessment of future development stages.
• Approve stormwater and water management plans based on flawed and outdated modelling that ignores local conditions, climate change, and the increased runoff caused by development.
If these modifications are approved, they will undermine the environmental protections put in place by the Land and Environment Court and the Federal EPBC conditions, and place our community, waterways, and health at serious risk.
We respectfully request that:
1. No modifications be approved until a full reassessment is undertaken.
2. Independent, updated modelling using local, long-term coastal data is commissioned and verified before any water management conditions are approved.
3. Existing sewerage and stormwater infrastructure issues in Culburra are addressed and upgraded to meet current and future demand.
Culburra residents deserve safe sanitation, flood-resilient infrastructure, and protection of our unique coastal environment. We urge the Department to reject these modifications in their current form.