THE NSW Land and Environment Court has rejected a proposal to develop a plot of land either side of Kingfisher Ave in Hawks Nest on the grounds that it would threatened the town’s endangered koala population.
Northwest Residential Pty Ltd submitted an application to the NSW Department of Planning to subdivide the wetlands and place an initial 33 lot housing subdivision on the site in 2006 but was rejected on the grounds that it was ecologically inappropriate.
In mid 2008 the company lodged an appeal with the Land and Environment Court to have an amended 25 new allotments developed on the site. Returning its verdict last week, the court approved the company’s application to develop a three allotment subdivision at the western end of the site fronting Moira Parade, but rejected its application to develop the majority of the site.
The hearing, which has been ongoing for several months, saw evidence presented by koala expert Dr Smith on behalf of the planning minister. Dr Smith proposed that a development on the western portion of the eastern end of the two proposed allotments was acceptable however said it was inappropriate to permit any residential development on the central area of the allotment.
Dr Smith advised the court that the proposed residential site was the habitat of several Swamp Mahogany trees which, he states, are an important food source for koalas in Hawks Nest.
In their final report commissioners Moore and Taylor concurred with Dr Smith’s suggestions.
“The present proposal should be refused because the line drawn by Dr Smith is the appropriate boundary for any development at the western end of the allotment.
“We have also concluded that it would not be possible for us, within the scope of the present application, to permit a redesign of the subdivision to confine it to the west of that line, because, in our view, such a significant change to the present proposal that a fresh assessment of it would be warranted.”
Members of the Myall Koala and Environmental Support Group were elated with the victory having fronted court on several occasions to present their own evidence. President of the group Helen Dauncey, said the verdict is a win for the Hawks Nest community.
“It has been a real community effort not just the koala group and I think we’ve come up with a beaut result.”
The group’s secretary, Ian Morphett said the decision was a major step towards ensuring the future of genetic diversity among Hawks Nest koalas.
“We’re over the moon with the decision. It means greater protection for the koalas and a corridor for greater genetic diversity,” he said.
“With around 20 koalas in town we’ve got a good population of very healthy koalas but we really need to enable fresh genetic diversity from the national park.”
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