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FEDERAL GOLF CLUB:

PROPOSED REDEVELOPMENT OF PART OF THEIR LEASE

 

Read all the National capital Authority FoI documents here


Approximate location of proposed housing development. Click here for larger image

 

Background

The Federal Golf Club has experienced declining membership for some time, resulting in insufficient funds to enable the Club to drought prrof the course and secure its future. In order that funds could be raised, the Club has put a propsal to the ACT Government on four previous occasions since the 1990s, to excise part of its existing concessional lease in order that about 4 hectares of land could be used to develop about 59 residences.

The location of the proposed development is at the north end of the course, adjacent to the Golf Club access road and the Red Hill Nature Park, in an area of highly modified Yellow Box - Red Gum woodland.

A proposal was submitted to the ACT Government in 1999 (Draft Variation 94). It was supported by the then Chief Minister Carnell, the Planning Minister and ACTPLA, but was rejected by the Assembly during a motion of disallowance, by Shadow Planning Minister Corbell. Mr Corbell argued that the proposal was inconsistent with Territory Plan, a threat to open space, and inappropriate to change the concessional lease. The proposal was also strongly opposed by the comunity, with over 460 objections being recorded.

 

Latest Development Proposal

In October 2007 the Federal Golf Club (FGC) submitted an almost identical proposal to the Government, which was again supported in principle by the Chief Minister Stanhope, Planning Minister Barr and the ACTPLA, subject to a number of conditions being met.

 

Planning Report

The FGC produced a Planning Report in June 2009 which included a community consultation component. This time the Report noted that the community displayed less interest and in general supported the proposal. It appears that the support was given on the grounds that a small development which would secure the financial future of the Club was preferable to allowing the Club to cease operations, with the potential that the whole area could be redeveloped for housing. The Planning Report was widely criticised by Government agencies as having many deficiencies and unresolved issues, including that the original Corbell arguments against the proposal had not been addressed.

 

Environmental Impact Statement

Despite the internal government criticism of the proposal, the Chief Minister argued that, because an EIS would be required prior to consideration of a change to the concessional golf course lease (known as deconcessionalisation), therefore the situation had changed (from the time of the last rejection of the proposal), and the development could therefore be reconsidered.

In October 2009, the Club was required by ACTPLA to prepare an Environmental Impact Statement consistent with the requirements set out in a Scoping Document. As part of the EIS, the Club would be required to undertake further community consultation, including with the Red Hill Regenerators.

The 'public consultation' process consisted on two 'information evenings' held at the Golf Club. This was advertised in the Canberra Times and by distribution of fliers to residences in the vicinity of Red Hill. The consultants stated that 1000 residences were contacted through fliers. The published map which showed the area where the flier distribution took place however, somewhat deceptively, includes over 2000 residences.

The EIS was completed on 17 February 2010 and published on the ACTPLA web site on 1 March 2010. Comments were invited to be submitted to the ACTPLA before 29 March 2010. The Red Hill Regenerators and many other individuals and groups sent submissions regarding the EIS (More...).

 

Why it is important to save this 4 hectares of Red Gum - Yellow Box woodland

White Box-Yellow Box-Blakely's Red Gum grassy woodland and Derived Native Grassland and the natural temperate grasslands of the Southern Tablelands of NSW and the ACTare listed as critically endangered under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Red Hill Nature Reserve contains 250 hectares of relatively intact woodland. Recently East O'Malley woodland was bulldozed to build residences and soon another 121ha out of 464ha will be bulldozed in the Molonglo Valley for more housing. Owing to the ongoing destruction of this critically endangered ecosystem it is vital that every effort is made to save the 4 ha on the Federal Golf Course.

 

Next steps

The Red Hill Regenerators have prepared a "Rally for Red Hill" flier and petition. The flier was distributed in April to 1000 households close to Red Hill, in Deakin, Forest, Red Hill, Hughes and Garran. The petition will be circulated widely over the next few weeks to collect signatures of those who object to the development. Interested citizens are invited to download and sign the petition.

At a meeting of the Woden Community Council on 7 April 2010, Simon Corbell was asked where he stood re the Golf Course development. He was unequivocal in stating to the whole meeting that he was opposed to the proposal, and that this was the view he had in 1999 and it hadn't changed. He said that he would argue strongly with his labor colleges that the proposal should not be supported.

A presentation about the proposed development will be made by the Regenerators to the next Woden Community Council meeting on 5 May 2010. The Regenerators also have an invitation to speak at the next Parkcare co-ordinator's meeting on 22 April, the Southern Catchment Management Group on 27 April 2010 and the next meeting of the Field Naturalists Association.

 

Deconcessionalisation

The sequence of approvals and assessment is as follows:

  • the golf club must address those issues identified in the EIS scoping document for which the EIS provided inadequate information;

  • Minister Barr would normally then make a decision about whether deconcessionalisation is in the public interest or not. In this case however, the Cabinet will make that decision;

  • An objector can take a decision to grant deconcessionalisation (which is a development approval) to the Administrative Tribunal, where argument is on the merit of the decision;

  • if a deconcession is issued then the golf club must prepare detailed documentation for public comment on why a draft variation to change the use from private recreation to housing should occur;

  • if a change to the Territory Plan is requested in relation to this matter then it will need to be inquired into by the Assembly Standing Committee on Planning,Public Works and Territory and Municipal Services, chaired my Mary Porter, MLA. If it is referred then public consultation will need to be undertaken by this Committee. This consultation will be advertised and submissions called. In addition, public hearings will also be held;

  • whether or not a draft variation is approved is a decision of the Legislative Assembly;

  • if the variation is approved then the golf club has to prepare a development application, when there will be further opportunity for public comment.

The first step in the development process is to deconcessionalise the part of the Golf Club lease required for the development. The Minister Andrew Barr will need to demonstrate that it is in the community interest to take this step. It is vital that the community tells the Minister why it believes that this is not in the community interest.


More and more people have put in a submission, so there certainly is already a big community message that deconcessionalisation is not in the public interest.


Whether or not Minister Barr heeds that message will be influenced by our lobbying. Our advice from Kirsten Miller of the Environmental Defenders Office, is that we will not be able to object in the Administrative Appeals Tribunal to the Minister's decision under Section 261 of the Planning and Development Act, that granting a deconcession is in the community interest. The decision could be taken to the Supreme Court to argue that the Minister has not followed due legal process, but this seems a costly and unproductive route, unless we have good reason to believe that the Minister has not followed due process.


The decision by the Planning Authority under Section 162 of the Planning and Development Act to vary the lease for the deconcession, ie putting into affect the minister's decision, can be taken to the Administrative Appeals Tribunal and argued on the basis of merit. It will cost $170 to lodge an objection and must be done within 28 days after the Minister's decision.

 

The Minister wrote to RHRG on 7 June 2010 setting out his views regarding this proposed development and the required planning processes.

 

Meeting with National Capital Authority June 2010

Members of RHRG met with NCA Chief Executive Gary Rake and Andrew Smith. NCA approval is required for any excavation works within the designated area, which includes the Red Hill Nature Reserve. They have given in principle support to road works being consistent with the National Capital Plan, as it is largely roadworks within an existing road corridor. Their main concern is with aesthetics and whether works will impinge on the view from the parliamentary triangle (which in this case they wont). They were unaware and had not been approached in regards to other infrastructure requirements that will be placed within the designated area, such as water and gas mains, and have some concern with regard to these. In relation to impact on Box _Gum woodland they would take the lead from the Deaprtment of Environment Water Heritage and Arts, If the EPBC Act is triggered both direct and indirect impacts will need to be considered. The NCA encouraged the RHRG to approach DEWHA directly (which we will do). In relation to adverse impact on possible plantings of Grevillea's by Charles Weston, NCA thought that a condition of any approval could be a requirement to undertake further planting.

 

Minister Barr indicated a position regarding development on Golf Courses in a letter dated 3 December 2010 to the Old Narrabundah Community Council in which he stated his opposition to development on the Capital Golf Course. More...

 

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