continued ....
6. INCREASED RISK OF KOALA DISEASE
The D.A. does not acknowledge the incidences of stress-related chlamydia adjacent to the access road (see Chlamydia ).
Cumulative edge effects
The Flora and Fauna Assessment 6.2, (p.26) states: ‘It could be argued that most of the resident fauna at the site are generally tolerant of existing edge effects and would be expected to still occur in the immediate area.’
The edge effects it refers to are past access clearing and construction of services, and ongoing sports field and access maintenance and management. The incidence of disease indicates that koalas are not tolerant of existing and cumulative edge effects. Therefore it is not acceptable to introduce more activities of a similar nature to what is already causing stress and disease.
7. INCREASED RISK OF DOG ATTACK
Potential increase of dog entry
Based on council's inability to enforce the 'no dog rule' at the access road since the sports field was open in 2010 (with offenders ignoring 'no dog' signs), it can be expected that council will also be unable to regulate dogs potentially being brought into the site by construction workers, shed members and associated visitors.
Dr Steve Phillips
In an email dated 10/6/15 said: ‘The potential for increased risk of dog attack is heightened by the fact that ….workers may also bring dogs into the site during construction activities and during normal operations’ (N.B. There are no conditions of consent banning domestic dogs from the site, nor is there a mechanism for policing it).
Feral predation
Edge effects created by increased disturbance will exacerbate risk of feral predation within the access road and surrounding bushland by reducing safe koala ranging areas and increasing the likelihood that koalas will be on the ground whilst relocating to a safer place. There is already a history of wild dog activity that to date has not been controlled. (see Dogs )
According to Dunloe Sands Environmental Management Plan, Appendix C, p.24: ‘Narrow corridor links may themselves be subject to feral predation, disease and species imbalances, therefore, the width of a corridor should exceed the extent of edge effects.’
8. INCREASED RISK OF VEHICLE STRIKE
As there is no mechanism to separate koalas from vehicular traffic on the access road, koalas will be vulnerable to an increased risk of vehicle strike from construction and operation as follows.
Vehicular construction activities
The following construction activities will place koalas at risk of vehicle strike and disturbance on the access road:-
* concrete trucks
* trucks delivering materials
* all vehicular movement associated with the scraping of the soil and concrete construction of the formal parking areas
* similar vehicular movement associated with the preparation of the landscape and concrete construction of the pedestrian pathway connecting the access road with the shed and amenities
* increased vehicle movement as a result of trades people.
Cumulative effects of increased traffic
Statement of Environmental Effects of the D.A., Appendix F, p.77 states that the expected increased 7.8 vehicle movements a day along the access road (with a worst case scenario of 14.04 per day) is based on the Men's Shed resembling a business park / industrial estate pursuant to the NSW Roads and Maritime Services Guide to Traffic Generating Developments (RMS, 2013).
Council motion # 11 of 21/7/2014 states that P&DMS have over 80 members. The number of actual and potential members suggests that the expected increased 7.8 vehicle movements a day is significantly under-estimated.
Ecologist Dr Steve Phillips
In an email dated 10/6/2015 Dr Phillips stated: “The potential for an increase in the risk of vehicle strike arises from the extra vehicle movements .... given that road mortalities have occurred in the Koala Beach estate, the envisaged low speed argued by the documentation, coupled by council's inability to police measures, means that risk is real.”
Risk of mortality in koala breeding area
The Flora & Fauna Assessment 6.2 (p.25) states: ‘Mortality caused by motor vehicles is negligible within residential areas, where the speed limit is mostly 50kph.’
Since the access road includes a koala breeding area, is not residential, is at the junction of three corridors and has a history of hooning, the risk of mortality from vehicle strike is significant, not negligible.
9. INCREASED RISK OF FIRE
The D.A. does not adequately take into account the risk of fire and explosion as follows.
Construction impacts
There will be a high risk of fire during construction of the Men's Shed (Flora & Fauna Assessment Section 6.3 p.26), with the works being carried out 20 metres from primary koala habitat.
Inappropriate location
The P&DMS President was quoted in the Tweed Valley Weekly, 28 May 2015, p.8 as stating that ‘the vision for the site is of a workshop based facility.’ On three occasions the Statement of Environmental Effects makes references to a Men's Shed being akin to a workshop in an industrial estate. This raises the question as to whether it is appropriately located so close to primary koala habitat and within a koala corridor, setting a precedent for other similar activities on the access road and for other development applications in the Tweed Shire.
Murwillumbah Men's Shed is located in a water treatment plant. Tweed Heads Men's Shed is located in a recreation area with other community facilities. Neither are close to environmentally sensitive areas.
In EPBC Act 1999 Assessments, Table 8, section 7.3, (p.36) of the Flora & Fauna Assessment, the Guidelines ask: ‘Could your action interfere substantially with the recovery of the koala in areas of habitat critical to the survival of the koala...by increasing the risk of high-intensity fire?’ The activities of this proposal will increase the risk of high-intensity fire as follows.
Industrial-like activities
Due to the industrial characteristics of the Men's Shed community facility/workshop and given that many members may be inexperienced in the operation and use of the listed plant equipment (Flora & Fauna Assessment 2.5.2 Table 2.4, p.7) and flammable commodities would be used at the site, there is a risk that industrial accidents involving fire may occur.
Wood-working equipment such as drills, saws, timber planers, sanders, timber thicknesser and wood lathes create sawdust and fine particles which have the potential to ignite as a result of metalworking, enamelling and welding activities (Statement of Environmental Effects, 2.5.1 Table 2.3, p.7). As the total workshop area is only 138m², there is limited space to adequately separate incompatible fire-risk activities.
As the D.A. currently proposes a 20m Asset Protection Zone, the Men's Shed is required to be constructed to BAL40 standards, which is categorised as being ‘very high risk’ with ‘a much increased risk of ember attack and burning debris ignited by wind-borne embers, a likelihood of radiant heat and some likelihood of direct exposure of flames from the fire front’ (AS3959-2009-Amendment No. 3, Version 1, Section 3.0).
The Statement of Environmental Effects 2.5.4 (p.8) stated that the Men's Shed is to be lined with plywood. At BAL40 fine particles of wood dust that collect between the inner ply lining and outer tin cladding have the potential to be ignited or become spontaneously combustible.
The Statement of Environmental Effects Table 2.3 (p.7) lists examples of activities that would be performed. Once established there will be no regulations to limit new activities that may pose a safety or fire risk at the facility.
The Australian Men's Shed Association (AMSA) encourages participation by people with all levels of disability, which includes less physically capable retirees, people with limited physical abilities, people with intellectual disabilities and people with a mental health issue (see AMSA Extracts, APPENDIX 3 end of page), who may be under the influence of medications and/or less able to take the necessary precautions to avoid and/or contain accidental fire.
Storage of flammable materials
There is no provision in the D.A. concept design for outdoor storage of building and craft materials. All flammable materials should be stored within or on the opposite side of the building to the fire threat at such a distance that ignition of these materials from bush fire will not pose a threat to the building, adjacent infrastructure or bushland.
Any area for the storage of flammable building and craft materials should be assessed and satisfy the requirements of Planning for Bushfire Protection 2006 (PBP). The storage of materials north of the building will pose a safety risk to sporting and recreational participants. The concept drawings do not contain sufficient detail to allow for an informed decision-making process.
Flammable commodities
One response to the EPBC Act 1999 Guidelines is: ‘Activities in the shed are similar to any such activities that may be undertaken by a handyman in their own garage or shed’ (Flora & Fauna Assessment 7.3.1, Table 8, p.36). Some of the typical plant and equipment (which have industrial characteristics not handyman) to be used by members (Statement of Environmental Effects of D.A. 2.5.1, Table 2.4 p.7) require the use and storage of flammable commodities such as solvents, paints, fuels, oils, spirits, paint thinners, LP gas and oxy acetylene.
Even though the shed is likely to be lined with plywood to reduce access by vandals and thieves, it is still possible to break and enter via doorways and/or windows or unscrew the outer wall cladding and cut through the plywood with saws.
The sports field's isolated location has a history of vandalism and break and enter with significant damage to council infrastructure, with reported incidences of fire-lighting on the sports field adjacent to koala habitat. There is a risk of fire and explosion if vandals and thieves access flammable commodities stored inside the shed. Thieves often use fire to conceal evidence.
Risk of fire to the environment
The bushland adjacent to the proposal supports classified primary koala habitat where koalas have been sighted 35-40m from the proposed site. Activities associated with industrial and woodworking plant equipment and the use and storage of flammable and explosive materials pose a significant risk of accident and fire spreading into the surrounding environmentally significant habitat.
There is only one entry/exit point along an access road which winds through bushland for 300 metres. If a bush fire were to occur, the NSW Rural Fire Service could be faced with fighting fires simultaneously on three fronts within each of the koala linkage corridors. Access to these corridor linkages is limited to the south, east and west due to swamp land and Mooball Creek.
Petrol-powered model aeroplanes
Statement of Environmental Effects 2.5.1, Table 2.3 (p.7) states that an example of proposed activities is model plane making. The listing as an outdoor activity (when the workshop is inside the shed) suggests that the planes will be tested and flown at the site.
Petrol-powered model aeroplanes have been flown and refuelled at the site with a risk of fire and explosion if they crash into the surrounding bushland and ignite. These risks will be exacerbated when planes are tested by members, and will attract other petrol-powered model aeroplane operators who may not be aware of the regulations regarding use of fuels at the site (Statement of Environmental Effects 2.5.1, 5.0 Table 5.1, p.41).
10. RURAL FIRE SERVICE (RFS) DEVELOPMENT CLASSIFICATION
The proposal should be categorised as Special Fire Protection Purpose (SFPP) development for the following reasons:-
Assembly area – BCA Class 9 building
RFS has indicated that a Men's Shed could be classified as an assembly area, therefore the building should be classified as Class 9 under the Building Code Australia. According to Planning for Bush Fire Protection 2006 (PBP), section 4.2.6 ‘those Class 9 buildings not being a SFPP should be considered as if they were a SFPP.’
Rural Fires Regulation 2008 (RF Regulation)
A purpose of a Men's Shed is to accommodate persons with a physical or mental disability. The proposal should therefore be categorised as SFPP in accordance with Part 6, Section 46 of RF Regulation, and be required to have the approval of the Commissioner of the NSW Rural Fire Service according to Section 100B(1) of the Rural Fires Act 1997.
The specific objectives of SFPP developments place ‘more reliance on space around buildings (as defendable space and APZs for fuel load control) and less reliance on construction standards ..... to provide for the special characteristics and needs of occupants....Occupants of SFPP developments may not be able to assist in property protection (PBP, 4.2.3, p.28).’ Without the assistance of occupants of the Men's Shed to control a fire and assist with property protection, it is more likely for a fire to spread into the adjacent bushland.
According to PBP Appendix 2 Table A2.6 a SFPP development adjacent to a forest vegetation type is required to have a minimum asset protection zone of 60 metres, whereas the D.A. specifies only 20 metres.
Integrated development
SFPP development is considered to be integrated development and requires bush fire safety authority under Section 91 of the Environmental Planning & Assessment Act and Section 100B of the Rural Fires Act 1997.
11. KOALA HABITAT OFFSET PLANTING
Even though not required to do so under the Black Rocks IKPoM, the Flora & Fauna Assessment 7.1.2 (p.29) states 50m² of primary koala food trees (i.e. 15 trees) are to be planted in the south-west corner of the sports field as required by the Tweed Coast KPoM. It states:-
‘As outlined in the KPoM, the maintenance of habitat patches of sufficient size to support existing populations and provide for future population expansion is fundamental to koala population and habitat management within the Tweed Coast.’
This offset planting, which will not be available for use for at least 5 years, is inappropriate for the following reasons.
Inappropriate location
It will create an isolated pocket of primary koala food trees in an area which supports different vegetation types (i.e. Freshwater Wetland Endangered Ecological Community and Swamp Oak Endangered Ecological Community to the west).
Edge effects
The plantings will attract koalas to an area which is exposed to edge effects and in close proximity to the source of the impacts (i.e. Men's Shed and other council infrastructure) rather than offsetting in an area which directs them away from the impacts. It would be more beneficial to revegetate the north-eastern corner of the subject site where there are existing stands of primary koala food trees, thereby creating a larger primary koala habitat block. This would also buffer the osprey nest from disturbance and is further away from the impacts of a Men's Shed, if approved.
Maintenance of existing habitat
Tweed Coast Koala Habitat Study 2011 p.10-11 states: ‘The concept of compensating for actions that have the potential to degrade koala habitat by …... providing alternative habitat elsewhere is delusive; maintenance of existing social structure is a primary consideration in terms of developing conservation and management strategies for free-ranging koala populations.’
12. ALTERNATIVE SITE
Tweed Shire Council meeting of 21 August, 2014 (Minute # 505) resolved:-
1. That in the event that the Pottsville Men's Shed seeks a licence or lease to operate from the site at the Black Rocks Sports Field that council consider granting a limited use licence to operate the Men's shed for a maximum term of 5 years at the site;
2. Requests that the shed construction be of the type that it can be fully dismantled and reassembled at an alternative site;
3. Council officers be requested to continue to pursue alternative sites including future development or appropriately zoned sites that could accommodate the Men's shed in the longer term on a permanent basis.
Consideration of a limited licence and need for an alternative site was, at the time, based on an acknowledgement by council that there were considerable risks of vandalism and fire associated with its operation and disturbance to the threatened species occupying the Endangered Ecological Communities surrounding the site.
The Men’s Shed already have a temporary facility at the Pottsville Primary School for 2-3 years and maybe indefinitely, and the Barry Sheppard sports field (Hastings Point) has been offered by council as an alternative permanent site. According to Tweed Coast Koala Habitat Study 2011 mapping, the Barry Sheppard sports field has no adjacent primary koala habitat (Figure 5.3b), has no significant koala activity (Figure 5.1) and the koala linkage is to the west of the sports field (Figure 5.1).
(NOTE: Figure 5.1 does not indicate the north-south koala linkage east of the Black Rocks sports field, but this linkage is identified in the Black Rocks and Tweed Coast KPoMs.)
If the Shed were to be established at the Barry Sheppard sports field (a less koala-impactive site) it will give the fragile Pottsville Wetlands-Black Rocks koala source population an opportunity to rest and recover to sustainable levels and reduce the risk of koala extinction.
13. UNRESOLVED ISSUES
The D.A. should not be approved as the following matters are unresolved.
Black Rocks precinct koala study
On 21st May, 2015 Tweed Shire council voted (Minute # 283) to conduct a study on koala numbers which should also include habitat, habitat usage, threats and significance within the corridor at subject site and adjacent study area (see NSW Office of Environment & Heritage letter dated 19/2/2015 APPENDIX 4 end of page).
Black Rocks IKPoM
The IKPom has never been fully implemented, is 11 years old and does not reflect current koala usage and quality of habitat. It should be reviewed and updated to bring it in line with the Tweed Coast KPoM, including a focus on stress-related disease.
Local Environment Plan 2014 Environmental Protection Zones
The Environmental Protection Zone (EPZ) surrounding the sports field is currently 7(l) under LEP 2000, awaiting determination as to whether it is to be re-classified E2 (Environmental Protection) under LEP 2014. Council has recommended that all core koala habitat be E2. The sports field has been re-classified RE1 (Public Recreation) but the access road is currently 7(l) and a deferred matter. This deferred matter under LEP 2014 needs to be finalised before the DA is approved.
Endangered status of Tweed Coast koalas
The Final Determination by NSW Scientific Committee for the threatened status of the Tweed Coast koalas to be upgraded to Endangered (under the Threatened Species Conservation Act 1995) needs to be made.
Koala Recovery Plan
There needs to be a recovery plan for the Pottsville Wetlands-Black Rocks koala source population after the Christmas day, 2014 fire in order to minimise/eliminate impacts on surviving koalas so that they can rest and recover to sustainable levels.
Updated Tweed Coast Koala Habitat Study
This commenced mid - 2015 and is not complete. It should include up-to-date mapping and the corridor east and south of the sports field to the Wooyung and Billinudgel Nature Reserves.
Koala Habitat Assessment under Section 5.8 of Tweed Coast KPoM
As there is an absence in the Black Rocks IKPoM of criteria against which new development proposals should be assessed within the area under its control, the habitat within the subject site and study area should be assessed according to all requirements in Section 5.8 of the Tweed Coast KPoM.
Assessment of Endangered Ecological Community
Flora & Fauna Assessment 3.2 Vegetation Communities, (p.13) should include assessment of the narrow band of vegetation bordering the western side of the subject site to determine if it is ‘characteristic of the NSW Endangered Ecological Community Swamp oak floodplain forest of the NSW North Coast, Sydney Basin and South East Corner bioregions.’
7. PART TEST ASSESSMENT FOR BUSH STONE CURLEW AND EASTERN OSPREY AND 7 PART TEST RE-ASSESSMENT FOR KOALA
The 7-part test under the Environmental Planning & Assessment Act, 1979 should be applied to the bush stone-curlew due to inconsistencies regarding threatened species night protection and use of the sports field and grassy verges for foraging and movement.
It should also be applied to the Eastern osprey due to fledgling decline likely to be caused by disturbance.
A re-assessment for the koala needs to be carried out as the Flora & Fauna Assessment 7-part test for the koala is flawed.
Bush stone-curlew habitat study
This study should be carried out, considering that the vegetation on the edges of the bushland surrounding the sports field and access road are ideal for bush stone-curlew nesting (as described in the Recovery Plan for the Bush Stone-curlew 2006, Appendix 4), and there have been 56 sightings (including wailing calls during breeding season) over the last 4 years in this area.
The 7-part test under the Environmental Planning & Assessment Act, 1979 should be applied to the bush stone-curlew due to inconsistencies regarding threatened species night protection and use of the sports field and grassy verges for foraging and movement.
It should also be applied to the Eastern osprey due to fledgling decline likely to be caused by disturbance.
A re-assessment for the koala needs to be carried out as the Flora & Fauna Assessment 7-part test for the koala is flawed.
Bush stone-curlew habitat study
This study should be carried out, considering that the vegetation on the edges of the bushland surrounding the sports field and access road are ideal for bush stone-curlew nesting (as described in the Recovery Plan for the Bush Stone-curlew 2006, Appendix 4), and there have been 56 sightings (including wailing calls during breeding season) over the last 4 years in this area.
14. IMPACT ON ENDANGERED BUSH STONE CURLEW
The bush stone-curlew, (listed as Endangered in New South Wales) warrants further consideration as per the inconsistencies and assessment deficiencies of the Flora and Fauna Assessment of the Men’s Shed Development Application as follows:-
1. Preferred roosting and/or breeding habitat
Section 4.2.1 (p16) states:
‘No evidence of breeding has been recorded in and around the sports fields which is not surprising given this bird's preference for nesting under low trees or high shrubs with mulch or coarse litter to camouflage eggs and good visibility for predators.’
Section 4.4 (p.20) states:
‘It is suspected that the surrounding bushland to the fields is part of a home range for at least one breeding pair of birds.’
Recovery Plan for the Bush Stone-Curlew (RPBSC) February, 2006
But according to the RPBSC 3.6 (p.8)
‘the land surrounding the sports field and access road is a preferred bush stone-curlew roosting and/or breeding habitat.’
James Warren Associates 2011
And JWA 2011 Appendix D (p.1) states:
‘This species (bush stone-curlew) is likely to roost/shelter in the adjoining vegetation and forage on the sports fields.’
Yet many sightings have been evidenced by video recordings of single and/or multiple wailing calls during breeding season, which suggests that the adjacent bushland may indeed be used for bush stone-curlew breeding purposes.
2. Population numbers
Section 4.2.1, (p.16) states: ‘Birds calling from Black Rocks Estate and the Black Rocks sports fields area are suspected to be the same birds (although not confirmed) as the 2 birds sighted in Pottsville Waters.’ The Flora & Fauna Assessment should be based on fact, not on suspicion.
There have been 56 evidenced bush stone-curlew activities/sightings over the last four years on or adjacent to the sports field and access road (with 3 birds sighted concurrently) which have been reported to council and logged into NSW Bionet Wildlife Atlas. Many of these activities/sightings were of wailing calls during breeding season. If there is no successful breeding (as suggested in the Flora & Fauna Assessment), it is likely to be due to disturbance and threats.
3. Day sightings
Table 6 (p.32) states that there would be no potential impacts from the Men's Shed proposal because bush stone-curlews are nocturnal and shed activities would occur during the day. It is expected the Men's Shed will also operate at night.
Section 7.2 (p.33) states that bush stone-curlews only move at night and avoid open land.
Yet a number of bush stone-curlew sightings occurred during the day (as well as at night) on the access road, including a sighting during the day reported by a council officer.
4. Risk of vehicle strike
Table 6 (p.32) states that the Men’s Shed D.A. does not require a 7-part test under the EP&A Act 1979 for the bush stone-curlew as there will be;
‘limited risk from vehicle strike given existing traffic calming and additional vehicle movements during diurnal periods only.’
There is a high risk of vehicle strike as follows:-
Ineffective Speed Humps on Access Road
Hoons and other motorists use the adjacent grass verge to bypass the three speed humps.
Limited Visibility on Access Road
Cleared road verges will not ensure visibility. The new car parking bays proposed by the Men's Shed DA for the access road will limit visibility on the northern side and the bollards on the southern edge of the access road severely restrict visibility in the area where bush stone-curlew have been sighted on the the ground during the day.
Night Vehicular Movements
Additional vehicular movements are also expected to occur at night putting bush stone-curlews at risk of vehicle strike especially considering the limited visibility on the southern edge of the access road and the gravitation of bush stone-curlews to street lighting which attracts insects.
Removal of Koala Protection Gates
These gates are also necessary to protect bush stone-curlews.
5. Artificial Lighting
Vehicular Headlights
Headlights will penetrate into surrounding bushland habitat adjoining the access road and adjacent to the car park will disturb bush stone-curlews, especially during the breeding season.
Security Lighting
Section 6.4 (p.27) states:
‘security lighting at the existing buildings is not considered to contribute to any key threatening processes or contribute significantly to any cumulative impacts.’
Light spillage at the existing buildings on the sports field is contained inside the buildings, and presents minimal impact on key threatening processes. However, the external security lighting for the Men's Shed proposal would penetrate into surrounding bushland habitat and attract insects upon which bush stone-curlews forage, putting them at risk of disturbance and dog attack.
There are no specifications requiring non-insect attracting lighting in the Men's Shed Preliminary Concept Design.
Street Lights
Considering that bush stone-curlews are highly likely to be residing, breeding and nesting within and adjacent to the sports field and access road, non-insect attracting street and car park lighting should also be specified within the sports field site and adjacent residential estate to limit vehicle strike and predation.
Appendix 1_Council minutes 21Nov13_rejection of tennis court DA.doc
Appendix 2_Men's Shed Preliminary Concept Design.doc