Why the Hastings Point development got the green light:

“The extent of non-compliance is not likely to contribute significantly over and above a fully-compliant development in regard to adverse affect on the amenity of the surrounding property occupants or the community in general.”

Tweed Link – 29/11/11

Tweed Echo Article 24th Nov. 2011             Tweed Echo Article 1st Dec. 2011                Letters to the Editor

 Is it a disclaimer, apology or explanation by Tweed Shire Council regarding its consent for an off-the-scale three-storey dwelling in Hastings Point?

Most development stuff-ups are defended by an unconvincing one-liner “but it meets the requirements of the development control plan”.

In this case, the construction neither meets the conditions of the DCP nor the community’s legitimate expectations that developments in their neighbourhood will comply with planning regimes.

Contrary to Tweed Council’s misleading claim, the extent of non-compliance of the project at 26a Tweed Coast Road is major having significant adverse impact on the character which the community’s DCP sought to save.

It is 9m three-storeys high when it should be 8m/ two-storeys; its rear setback is just 2.5m when it should be 8-metres; it is 32metres in overall length when it should be 20m with landscape breaks of 6m at the 20m mark. And it has no rear landscaping.

It’s so bizarre, rumour and conjecture is rife.  Residents’ heads are spinning.

Perhaps because it borders sand dunes, low-key vegetation and Crown Land, Tweed Shire Council, as trustees of Crown Land, have ‘loaned’ the proponents of the development some public property?

Maybe the Council thinks two rogue developments side by side don’t look as bad as one? That the cumulative fallout won’t be all that noticeable?

The reasoning chain is full of missing links.

A three-storey solid construct proposed for a landmark area of the locality designated as ecologically fragile and susceptible to high-density residential development surely loomed as a test case for the new locality plan.

Five years of community and urban consultation produced a DCP designed “to protect the ecological integrity of foreshore areas surrounding this part of the settlement – ensuring private uses do not creep into public land by replanting and buffering with native vegetation”.

This costly blueprint proposed ‘future buildings would be smaller, in broken down form, featuring lightweight materials and incorporating dense landscaping commensurate with a small coastal village’.

Yet, a project earmarked as controversial because it contravened all the above was sent to Council’s Building Services Unit, bypassing the team of expert planners who’d devised the controls it was breaching.

Assigning contentious development with critical residential and environmental outcomes to an area of Council not often familiar with community consultation projects and most often staffed by part-time contracted personnel, surely was a mistake or gamble.

Unsurprisingly, approval for a terrain defiant three-storey, unremitting, ocean-front construct, a metre too high, twelve metres too long and 5.5 metres closer to eroding escarpment above the sand dunes and alongside Crown Land, hit desks in Council’s executive offices.

Rammed against its rogue twin next door, the cumulative impact of these two mega-type dwellings created just what the DCP was designed to prevent – a conga line of towering constructs looming above sand dunes and natural low-key vegetation.

In frenzied turmoil a series of eleventh hour crisis talks were convened to appease a community livid with a Council that had dumped its linchpin to intelligent coastal design.

Council meetings were deferred and workshops held to ensure baffled councillors were up to speed on how this unworthy development could be justified.

But at no time did the Council permit the public or Councillors to seek advice or explanation from its crack team of planners – those who were fully apprised of the workings and rationale of the DCP.

The Director of Planning made it clear – the buck stopped with him – he and the BSU officer who approved the development comprised the knowledge bank.

Now and then wheels fall off in every administration. But this year the degree of bureaucratic bungling out of Tweed Shire Council has reached epic proportion.

Leaked documents and emails; residents threatened by legal action; an 80-year-old retiree told to ‘get a job’ by a gaffe-prone councillor and a GM ordering locals to remove blog content because it offended him.

More alarming is the litany of specific and unreasonable lapses in procedural compliance, failures to give proper advice and notice and the degree of incorrect and ambiguous opinion being offered regarding not just 26a Tweed Coast Road, but a number of other planning projects in Hastings Point.

And if it’s happening as often as it does in Hastings Point you can bet these breakdowns in procedural administration are blanketing the Shire. Our records show:

• Without notice Council allowed in-fill of suburban blocks of land ear-marked as flood prone in a designated flood-prone community without assessment of water flow.
• A lone multi-level dwelling was hastily erected on land still to be determined by State Department authorities as suitable for a proposed residential and tourist sub-division.
• Key stakeholders weren’t notified of changes to proposed developments including those who made submissions on original development applications.
• That these amended plans were omitted from council reports.
• And the same amendments were not posted on the Council website.

Cutting edge construction and planning might be going gangbusters within Australia’s coastal and estuarine communities but in Tweed Shire it’s seemingly about cutting corners.  Councils without principles are green lights for developers with the same mindset.

Probity

Procedure

Integrity

Tweed Shire Council’s handling of planning responsibilities in Hastings Point is again in disarray following a series of gaffes on key development projects.

To improve business efficiency, most Councils are permitted by law to delegate their minor planning projects to officers in a Building Services Unit (BSU), leaving mainstream Council planners to manage major developments.

Allocating complex and contentious plans to an adjunct planning department has inherent risks, and the fallout can have widespread community repercussions.

In recent years, no less than three developments in Hastings Point have been dealt with by the Council’s Building Services Unit having important implications – all poorly administered with officers failing to alert residents of major and controversial changes affecting their amenity, health and safety.

1. No notice to residents of application/approval of a house on lot 156, despite the fact that a large subdivision application was in the hands of the Department of Planning in Sydney – TSC planners not aware.
2. No notice to residents of application/approval of filling of blocks in Creek Street despite flooding and fill being a major issue for the area discussed with TSC planners– TSC planners not aware.
3. No notice to residents of amended plans of large non-compliant 3 storey building at 26 Coast Road (including the resident’s association and representative lawyer of community/neighbour) despite them making submissions to original proposal.

On Tuesday this week, the BSU provides Council with a totally flawed report not supported by TSC planners proposing the development of a ‘substantial three-storey dwelling’ at 26 Tweed Coast Road.

The report was compiled by an officer within the BSU and detailed analysis shows a range of erroneous detail and omissions relating to height, length, setback, scale, landscaping and character. It is a misleading document that claims there are just two minor deviations from the Hastings Point Locality Plan, when in fact there are more than six major deviations.

They are:

1.          1m height breach – 9m, 3 storey instead of 8 m 2 storey
2.          5.5 m setback breach – 2.5 m from beach dune instead of 8 m
3.          12m breach in length – 32 m instead of 20m – no consideration
4.          No rear deep landscaping because breach of rear setback
5.          No mid landscaping because breach in length/no building break
6.          No consideration of desired future character
7.          No consideration of required changes in roof modulation

Had the BSU officer initially declared these salient facts to planning administrators, the report would likely never have seen the light of day.

Had Council’s planning administrators carried out timely circumspect consideration of the officer’s dodgy figures and facts, they would not have been forced to defend the Council’s planning integrity.

The proposed building would have been deemed non-compliant, hopelessly over scale and ripe with potential to reinforce the precedent of the rogue construction beside it.

The officer fails to advise that in addition to the neighbouring rogue on which he relies to create a new transitional character for Hastings Point, there are two other similar rogues (one built and one ready for construction) in this area whose neighbours could run his same argument.  This would result in 6 further seriously non-compliant buildings that would destroy the character of this small and visually sensitive location.

Therefore, the officer’s claim that approving this development would not have an unacceptable cumulative impact is unrealistic and naïve to say the least.

He seems oblivious to the history of a locality that for years has engaged in Land and Environment litigation on this very point and rigorous debate and consultation with Council over unseemly and excessive residential construction.  He omits consideration of the desired future character objectives of this precinct.

Needless to say the ‘elephant in the room’ is Tweed Shire Council’s long term struggle with planning probity.

While ever Councillors and administrators rely on inaccurate staffing advice like this, the potential for optimum outcomes is hopeless.

That Cr Polglase carefully  referred to this as a restoration project when it’s closer to a total demolition and rebuild, leaves a community wondering whether he is intentionally misleading his fellow councillors and the public or just as confused as the BSU.  Certainly, the old culture of this Council still lingers.

Defending and obscuring sloppy work isn’t corporate loyalty, it’s a management failure set to steer the Shire towards another independent inquiry.

The people of Tweed Shire deserve strong management and expertise – where our leaders are courageous enough to correct and address mistakes like this.  We trust this will occur.

This is about Procedure and Integrity – a five year costly procedure between community and council to develop a locality plan touted by planners as one of the best – one that must be respected, upheld and consistently applied.

If it is not, we march backwards to a time of community in arms – with all the ugly, needless  conflict and acrimony this presents.

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The people of Hastings Point want to thank Tweed Council planning department and supportive councillors and staff for considering a wide range of factors in coming to their decision that this development is
inappropriate for Hastings Point and in contravention of the Hastings Point DCP.

As the Tweed Daily News reported it (click for larger version)

For those who remember the 2005 flood through this area, it has been recently confirmed that the flood water reached 2.51metres above AHD.

That’s serious water!

Moreover, recent erosion of the Hastings Point beach has seen the beachfront erode 8-10 metres. Waterfront construction of this type is totally inappropriate and would be irresponsible.

Keep the village safe.

Click here for ’3 pigs cartoon’ feautured on ‘youtube

Click on photo for our new ‘youtube’ video

Boy and Rainbow - another great Hastings Point image!

I wanted to drop you a line to congratulate you on the site. My family and I stayed in Hastings Point twice back in 2008 whilst we were travelling up and down the NSW/QLD coastline (Sydney to Airlie) and without any doubt, it is one of our favourite and most memorable places we have ever been to.

The people were so friendly and the scenery is just fantastic. We’re currently part way through a visa application to move from the UK to Oz and although we will have to initially settle in SA, we plan to ultimately try to get to Hastings or surrounds.

One of my favourite ever photos is of my son paddling in the sea at Hastings Point just after a rain shower with a rainbow in the background

Thanks for your support Tim, and thanks for the picture. We wish you and your family all the best with your planned migration. It’s good to know our message is spreading far and wide!

(If you’d like to send us a great photo of your adventures in Hastings Point, please send them to savehastingspoint@gmail.com)

Check out the latest media articles!!!  (Click on article to read)

Don’t miss out on viewing our new video – Highlighting 3 Councillors -their continued arrogance, greed and bad judgment – not to mention their lack of support for the community and the community’s voice.

The 3 Little Pigs – Guess Who

HASTOS LOCALITY PLAN IS DOWN – A WIN FOR ALL THOSE THAT LOVE THE PLACE!!!

2 storey throughout residential precincts and units only allowed on Hastings North Eastern Hill which can be 50% 3 storey within the slope of the hill.  Environmental health, particularly the estuary, is protected!!!

The Battle of Hastings has been an arduous and torrid fight for the protection of a truly unique asset for all to enjoy.  A place where visitors come from close or afar to take a step away from time – to take a step away from the day to day struggles of this fast moving world – to take the time to relax with nature at her finest.

Who would have thought it would take so much time, so much effort to save that which should be so obviously saved? Three court cases including one all the way to the High Court, a nude video with international appeal, parliamentary action, workshops, submissions and thousands of hours of work.

Why all this to save the obvious?

Because greed, ignorance, selfishness and corruption so often seek to exploit those things that are most beautiful.  Ironically, in doing so, they often destroy the very beauty they seek to exploit.

They have no concern for the welfare of others or the wider enjoyment a place like Hastings Point can provide.

Fortunately, the developers did not destroy Hastings.  Its beauty destroyed them!

We can report that over four long years, the resident community as custodians for its wider family has been rewarded with a locality plan which is now one of the finest in NSW.

Its creation came under attack at times as planners, particularly Sydney’s consultant, attempted to compromise good outcomes with design options which contradicted the aims of the plan.  They had the potential to destroy that which the community so valiantly sought to protect. They had the potential to take the community and the Council back to Court.

Fortunately, reason and good sense prevailed.  The law was applied.

Planners, councillors, lawyers and community that saw this plan to fruition should be extremely proud.   Hastos Locality Plan now provides reliable legal protection for a place that all can enjoy for the future.

Remember, persistence and determination are omnipotent – so never give up!

That is Hastos motto in its final battle to lampoon Walter Elliot and his unlawful proposal to develop Lot 156 to create huge solo dollars at the expense of hundreds of locals and a precious environment.  Supported by Planit Consulting, Walter seeks to convince the NSW Government and Minister Kelly that we don’t know the law up here – not Council’s experts, Hastos experts or the community.

We are seasoned veterans Walter! – We know what we are doing up here!  We know our stuff!  The Government knows we know our stuff!  We will hold this Government to account, unlike those before it that allowed you and your predecessor to unlawfully steal land and destroy this environment.  You now seek to take advantage of unlawful conduct that will flood 400 people, steal their amenity and destroy their local environment further.   Back Off Walter!! Back off Planit!! Back off Developers!!  Not on our Watch!!!

Please enjoy our Community Video which tells our story so far.

Hastings Point Web Video Sml

Check out the latest Media Report – The Tweed Echo, 7 October 2010:

It would seem that the developers of Pointsville were so busy rubbin’ their greedy lil’ palms, they forgot to check the market.

The Hasto’s community knew Pointsville was too big and would not sell, but owners would not listen.  Planners would not listen.

With the dodgy backing of Tweed’s Former Director of Planning, they set a course for oblivion.

Just some  basic questions?

• What over 55 person wants to live in a concrete jungle with no nearby facilities - no medical, no clubs, no shops, no services,no action etc?
• What over 55 person wants to move into a block of units without ownership – leaseholds only at the price of free-holds?
• What over 55 person wants to pay ongoing management fees – buy and pay rent?
• What over 55 person wants to lose a capital gain on sale of their leasehold up to 30% – a so called”deferred management fee?”
• What over 55 person wants to move into a ghost town with no guaranteed care component – but a hopeful promise it might be built – but when?

ANSWER?   NO-ONE – so there you have it.  Noone Listened!!!

Unfortunately, our Tweed Planners following the lead of Sydney Consultant , Ruker, are continuing to ignore the overwhelming majority of residents in Hastings Point who do have a clue and are active stewards of this beautiful place.  Planners have supported contradictory provisions in Ruker’s locality plan with no credible justification.  These contradictions will result in unsustainable outcomes for Hasto’s community and the environment – which will result in predominantly units and a transient community.  So goodbye to the long term residents and families that care for this place, goodbye to its character – one wonders what their approach would be if their coin was on the line fighting this never-ending battle – a battle sure not to end while poor foresight and failure to learn from mistakes prevails. MORE TO COME ON THIS!

NO MORE UNSUSTAINABLE 10 M HIGH, 3 STOREY UNIT BLOCKS IN HASTOS SOUTH!!!  A UNIQUE & SPECIAL FAMILY PLACE!!!

30 years of fraud and bumbling government negligence leave 400 mostly elderly residents to Flood in Hastings Point.

How could this Happen some Ask?  Read details on LOT 156 page (click on link).    http://savehastingspoint.com/lot-156/

In summary:

1.  Owner/developer steals 7.5 hectares of Crown/community estuary through fraudulent boundary adjustment.
2.  NSW Department of Lands negligently signs off on it and ignores pleas for rectification.
3.  Owner/developer illegally dredges stolen crown land, fills stolen estuary and a flood plain to create development opportunity.

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4.  Tweed Council takes legal action to stop developer – but no real action as no order for remediation of damage sought.
5.  Result: the filled flood plain causes community of 400 to flood significantly in 2005.

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6.  Owner/developer illegally clears further land to enhance more development opportunity.

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7.  Tweed Council takes legal action after damage but again no real action as no order to remediate significant damage sought.
8.  Owner/developer attempts to bribe Council for zoning favours.
9.  Owner/developer now seeks to develop on the only floodplain for the catchment by raising land further..
10 Owner/developer now seeks to destroy further protected land by offering to rejuvenate land they destroyed – a large portion of which has recovered.
11. Experts, including Council’s own, say the proposed development of 70 dwellings on a levy of fill will flood residents significantly worse.
12. Experts say the proposed development will damage an already stressed estuary and wetland.

Who will open up this history of dodgy conduct?
Who will readjust boundaries to give existing stolen water – crown land – back?
Who will have the courage to take responsibility for the Past and now the Future?
Who will have the guts to turn from greed and politics and apply the law?
But, who most importantly will actually take action to stop a potential flooding disaster?

Be sure – if nothing happens, 400 people will flood and alot worse this time!!!

See what happened in our last flood where the risk was less!!!

Finally, who will have the spine to say Sorry?  Yes – a National “Sorry Hastings Point Day! is in order”

Hastings Point Residents call on Premier Keneally, Minister Kelly, the Department of Planning, the Department of Lands and Tweed Shire Council to take action now!!!

TIME FOR GOVERNMENT ACTION IS WELL OVER-DUE!!!

Our Owner/developer is so cocky that it illegally clears in an environmental protection zone readying itself for a NSW Department of Planning visit and is fined by Council $3,000 in the process.

Click on to read article

There’s not many things you can add to this stunning photo. It popped up on my “Hastings Point” radar this week, so I emailed its creator, Jason Asher, a photographer from Brisbane, straight away to ask if I could post it here.

As you can see, and happily for us, he said yes. Jason was also quite taken with Hastings Point on the whole, and although his stay was brief, said he was “drawn by the sea and the awesome headland” and was happy for his shot to be used to help promote the preservation of such a pristine area.

Thanks Jason!

To see more of Jason’s work, click over to his portfolio at http://oosh.redbubble.com/