The following motion was passed unanimously by Leichhardt Council on 26 May 2009.
Notice of Motion
Moved: Cr Porteous. Seconded Cr Cinis
Part 3A application for 14 story residential towers and supermarket complex at Longport Street and Old Canterbury Road Lewisham.
Background:
The developer Demian Constructions has submitted an application to the Department of Planning for the proposed development at Longport Street and Old Canterbury Road Lewisham to be assessed under Part 3A of the Environmental Planning and Assessment Act 1979. The Director-General has now accepted this application under Part 3A.
This means that the development will bypass the local council assessment and will limit community input and the transparency of the decision making process.
The development plans are for multiple residential towers up to 14 stories high and for around 12,000 square metres of retail space, including a 4,000 square metre supermarket. The $150 million development also includes 500 apartments and 16 townhouses.
This development will have a major impact on the residents in particularly in West Leichhardt due to the significant increases in traffic generation and flows around the site.
Fourteen storey high buildings will far exceed any existing building in the Marrickville LGA and has the potential to set a new precedent in building heights not just for Marrickville LGA but for Ashfield and Leichhardt LGAs. .
The retail space proposed in this development will have major effects on local shopping strips within the Marrickville LGA, particularly Petersham, Dulwich Hill and Marrickville, and will also have a significant impact on Leichhardt and Ashfield shopping strips.
Part 3A of the Environmental Planning and Assessment Act 1979 strips the power of local councils to be the consent authority for very large or important developments. The stated intention is for it to be used only for developments of ‘state significance’.
The Greens do not believe a few residential buildings and a supermarket mall in Lewisham meet the threshold of being of ‘state significance’.
There is a strong public perception that ‘Part 3A’ is used as a way for developers to bypass local councils and local communities for fast tracked development approval.
Since Part 3A came into operation 99% of projects accepted for assessment under Part 3A have been approved.
There is a strong public perception that many projects approved under Part 3A have been proposed by companies who have made donations to the NSW Labor Party. This has undermined the public’s confidence in the integrity of our planning system and led to perceptions of corruption.
According to the financial disclosure records of the Electoral Funding Authority and the Australian Electoral Commission, the entity ‘Demian Developments’ has donated over $20,000 to the NSW Labor Party since 2002.
The director and secretary of ‘Demian Developments’ during the time of these donations is the same director and secretary of ‘Demian Constructions’. They also share the same addresses. It is highly likely that the public will perceive a potential conflict of interest if this development is decided under Part 3A of the Environmental Planning and Assessment Act 1979
That it is moved that Leichardt Council notes:
1) that an application has been lodged with and accepted by the Department of Planning for assessment under Part 3A of the Environmental Planning and Assessment Act 1979 of a proposed development at Longport Street and Old Canterbury Road Lewisham;
2) the proposed development includes large residential towers and substantial retail space that is likely to have major effects on the local community, traffic generation and flow;
3) the large amount of retail space in this development has potentially detrimental effects on main street shopping strips within the Leichhardt LGA, particularly Marketplace and Norton St Shopping Precincts.
4) 99% of applications accepted for assessment under Part 3A of the Environmental Planning and Assessment Act 1979 have been approved.
5) the company ‘Demian Developments’, which is related to the applicant company ‘Demian Constructions’ through the director and secretary, has donated over $20,000 to the NSW Labor Party since 2002.
That Leichhardt Council therefore:
6) Rejects the applicant’s claim that the development is of ‘state significance’ and calls on the Minister for Planning, Kristina Kennelly to reject the application under Part 3A, and for any development application be assessed by Marrickville Council;
7) Write to the member for Marrickville, Carmel Tebbutt, the member for Strathfield, Virginia Judge, the member for Canterbury, Linda Burney and to the member for Balmain, Verity Firth, asking them to oppose the part 3A application and for the application be assessed by Marrickville Council.
8) That a meeting be urgently convened with Councillors, Mayor and relevant staff from Marrickville, Leichhardt and Ashfield councils to enable the councils to work collaboratively in rejecting the assessment of this development as “State Significant ” under Part 3A.
9) That following this meeting a report be brought to the June Ordinary meeting and that the report contains a notification that will be approved for distribution to all residents and businesses in the Leichhardt precinct informing them of this proposed development and its likely impacts on Leichhardt and informing them of how they can write to the Planning Minister opposing the assessment of this development under Part 3A.