Councillors reject 584-dwelling development due to flooding and koala fears

The Advertiser

15-05-2025

Port Stephens councillors have unanimously rejected a rezoning proposal for a 584-home development at Anna Bay.
The proposal faced significant community backlash, with residents pointing out the 125-hectare site at 283 Gan Gan Road had been identified as a floodplain and core koala habitat.
On Tuesday night, councillors were united in their condemnation of the proposal and supported staff's recommendation to reject the application.
Deputy mayor Jason Wells said the site had been identified in multiple strategic documents as unsuitable for development.
"Those documents aren't just red tape, they're not to gather dust on a bookshelf, they exist for a reason," Cr Wells said.
"They reflect years of research, consultation and expert planning to guide responsible growth. We can't start ignoring those frameworks completely."
Cr Paul Le Mottee said there was a ministerial directive ordering councils not to rezone flood-prone land for residential use.
"It's black and white - it's got no definition about if it's just a little bit of flooding, a lot of flooding or you're just going to fill it," he said.
"So as far as I'm concerned, forget all the other issues about whether you can build fancy big drains or rehabilitate [the environment] to get past everything else. That ministerial directive is a complete and utter roadblock."
Developer AB Rise proposed to import one to four metres, or 1000 truckloads, of fill to raise land to lift the land above the flood level
Mecone director Chris Shannon helped prepare the proposal and spoke on behalf of the developers.
He said flooding concerns would be addressed by raising the land and reconstructing the Anna Bay main drain, while a 33-hectare offset would alleviate environmental issues
"We're willing to work with council officers to provide the additional information," Mr Shannon said.
"If there are concerns with the proposal we're willing to make amendments as needed, but we haven't been given that opportunity."
The last time the council requested more information from AB Rise during the assessment of stage one - the adjacent 34-lot development on Gan Gan Road - the company took the matter to the NSW Land and Environment Court.
Community futures director Stephen Peart indicated further information would not change the council's opinion.
"Council has undertaken flood studies around Anna Bay catchment for many, many years, we understand the site is a significant flood risk and the flooding characteristics on that site haven't changed," Mr Peart said.
"We're not in the business of asking applicants to provide additional technical studies and spend more money on consultants when we don't believe there is strong strategic merit for an application."
Cr Peter Francis said the proposed in-filling - estimated to be the equivalent of 428 Olympic-sized swimming pools - would displace a significant amount of water.
Michael Atkinson neighbours the proposal and raised concerns about the impact of flooding, which was already threatening surrounding properties, some of which were just 60 centimetres above sea level.
"A resident in my street had their flood insurance go up to $16,000 a year, and my neighbour just stopped paying the flood portion of his insurance because it's too expensive," he told the councillors.
Cr Roz Armstrong labelled the development "highly opportunistic".
"They thought because of the current need for housing in the area they could run roughshod over established processes," she said.
Port Stephens councillors have unanimously rejected a rezoning proposal for a 584-home development at Anna Bay.
The proposal faced significant community backlash, with residents pointing out the 125-hectare site at 283 Gan Gan Road had been identified as a floodplain and core koala habitat.
On Tuesday night, councillors were united in their condemnation of the proposal and supported staff's recommendation to reject the application.
Deputy mayor Jason Wells said the site had been identified in multiple strategic documents as unsuitable for development.
"Those documents aren't just red tape, they're not to gather dust on a bookshelf, they exist for a reason," Cr Wells said.
"They reflect years of research, consultation and expert planning to guide responsible growth. We can't start ignoring those frameworks completely."
Cr Paul Le Mottee said there was a ministerial directive ordering councils not to rezone flood-prone land for residential use.
"It's black and white - it's got no definition about if it's just a little bit of flooding, a lot of flooding or you're just going to fill it," he said.
"So as far as I'm concerned, forget all the other issues about whether you can build fancy big drains or rehabilitate [the environment] to get past everything else. That ministerial directive is a complete and utter roadblock."
Developer AB Rise proposed to import one to four metres, or 1000 truckloads, of fill to raise land to lift the land above the flood level
Mecone director Chris Shannon helped prepare the proposal and spoke on behalf of the developers.
He said flooding concerns would be addressed by raising the land and reconstructing the Anna Bay main drain, while a 33-hectare offset would alleviate environmental issues
"We're willing to work with council officers to provide the additional information," Mr Shannon said.
"If there are concerns with the proposal we're willing to make amendments as needed, but we haven't been given that opportunity."
The last time the council requested more information from AB Rise during the assessment of stage one - the adjacent 34-lot development on Gan Gan Road - the company took the matter to the NSW Land and Environment Court.
Community futures director Stephen Peart indicated further information would not change the council's opinion.
"Council has undertaken flood studies around Anna Bay catchment for many, many years, we understand the site is a significant flood risk and the flooding characteristics on that site haven't changed," Mr Peart said.
"We're not in the business of asking applicants to provide additional technical studies and spend more money on consultants when we don't believe there is strong strategic merit for an application."
Cr Peter Francis said the proposed in-filling - estimated to be the equivalent of 428 Olympic-sized swimming pools - would displace a significant amount of water.
Michael Atkinson neighbours the proposal and raised concerns about the impact of flooding, which was already threatening surrounding properties, some of which were just 60 centimetres above sea level.
"A resident in my street had their flood insurance go up to $16,000 a year, and my neighbour just stopped paying the flood portion of his insurance because it's too expensive," he told the councillors.
Cr Roz Armstrong labelled the development "highly opportunistic".
"They thought because of the current need for housing in the area they could run roughshod over established processes," she said.
Port Stephens councillors have unanimously rejected a rezoning proposal for a 584-home development at Anna Bay.
The proposal faced significant community backlash, with residents pointing out the 125-hectare site at 283 Gan Gan Road had been identified as a floodplain and core koala habitat.
On Tuesday night, councillors were united in their condemnation of the proposal and supported staff's recommendation to reject the application.
Deputy mayor Jason Wells said the site had been identified in multiple strategic documents as unsuitable for development.
"Those documents aren't just red tape, they're not to gather dust on a bookshelf, they exist for a reason," Cr Wells said.
"They reflect years of research, consultation and expert planning to guide responsible growth. We can't start ignoring those frameworks completely."
Cr Paul Le Mottee said there was a ministerial directive ordering councils not to rezone flood-prone land for residential use.
"It's black and white - it's got no definition about if it's just a little bit of flooding, a lot of flooding or you're just going to fill it," he said.
"So as far as I'm concerned, forget all the other issues about whether you can build fancy big drains or rehabilitate [the environment] to get past everything else. That ministerial directive is a complete and utter roadblock."
Developer AB Rise proposed to import one to four metres, or 1000 truckloads, of fill to raise land to lift the land above the flood level
Mecone director Chris Shannon helped prepare the proposal and spoke on behalf of the developers.
He said flooding concerns would be addressed by raising the land and reconstructing the Anna Bay main drain, while a 33-hectare offset would alleviate environmental issues
"We're willing to work with council officers to provide the additional information," Mr Shannon said.
"If there are concerns with the proposal we're willing to make amendments as needed, but we haven't been given that opportunity."
The last time the council requested more information from AB Rise during the assessment of stage one - the adjacent 34-lot development on Gan Gan Road - the company took the matter to the NSW Land and Environment Court.
Community futures director Stephen Peart indicated further information would not change the council's opinion.
"Council has undertaken flood studies around Anna Bay catchment for many, many years, we understand the site is a significant flood risk and the flooding characteristics on that site haven't changed," Mr Peart said.
"We're not in the business of asking applicants to provide additional technical studies and spend more money on consultants when we don't believe there is strong strategic merit for an application."
Cr Peter Francis said the proposed in-filling - estimated to be the equivalent of 428 Olympic-sized swimming pools - would displace a significant amount of water.
Michael Atkinson neighbours the proposal and raised concerns about the impact of flooding, which was already threatening surrounding properties, some of which were just 60 centimetres above sea level.
"A resident in my street had their flood insurance go up to $16,000 a year, and my neighbour just stopped paying the flood portion of his insurance because it's too expensive," he told the councillors.
Cr Roz Armstrong labelled the development "highly opportunistic".
"They thought because of the current need for housing in the area they could run roughshod over established processes," she said.
Port Stephens councillors have unanimously rejected a rezoning proposal for a 584-home development at Anna Bay.
The proposal faced significant community backlash, with residents pointing out the 125-hectare site at 283 Gan Gan Road had been identified as a floodplain and core koala habitat.
On Tuesday night, councillors were united in their condemnation of the proposal and supported staff's recommendation to reject the application.
Deputy mayor Jason Wells said the site had been identified in multiple strategic documents as unsuitable for development.
"Those documents aren't just red tape, they're not to gather dust on a bookshelf, they exist for a reason," Cr Wells said.
"They reflect years of research, consultation and expert planning to guide responsible growth. We can't start ignoring those frameworks completely."
Cr Paul Le Mottee said there was a ministerial directive ordering councils not to rezone flood-prone land for residential use.
"It's black and white - it's got no definition about if it's just a little bit of flooding, a lot of flooding or you're just going to fill it," he said.
"So as far as I'm concerned, forget all the other issues about whether you can build fancy big drains or rehabilitate [the environment] to get past everything else. That ministerial directive is a complete and utter roadblock."
Developer AB Rise proposed to import one to four metres, or 1000 truckloads, of fill to raise land to lift the land above the flood level
Mecone director Chris Shannon helped prepare the proposal and spoke on behalf of the developers.
He said flooding concerns would be addressed by raising the land and reconstructing the Anna Bay main drain, while a 33-hectare offset would alleviate environmental issues
"We're willing to work with council officers to provide the additional information," Mr Shannon said.
"If there are concerns with the proposal we're willing to make amendments as needed, but we haven't been given that opportunity."
The last time the council requested more information from AB Rise during the assessment of stage one - the adjacent 34-lot development on Gan Gan Road - the company took the matter to the NSW Land and Environment Court.
Community futures director Stephen Peart indicated further information would not change the council's opinion.
"Council has undertaken flood studies around Anna Bay catchment for many, many years, we understand the site is a significant flood risk and the flooding characteristics on that site haven't changed," Mr Peart said.
"We're not in the business of asking applicants to provide additional technical studies and spend more money on consultants when we don't believe there is strong strategic merit for an application."
Cr Peter Francis said the proposed in-filling - estimated to be the equivalent of 428 Olympic-sized swimming pools - would displace a significant amount of water.
Michael Atkinson neighbours the proposal and raised concerns about the impact of flooding, which was already threatening surrounding properties, some of which were just 60 centimetres above sea level.
"A resident in my street had their flood insurance go up to $16,000 a year, and my neighbour just stopped paying the flood portion of his insurance because it's too expensive," he told the councillors.
Cr Roz Armstrong labelled the development "highly opportunistic".
"They thought because of the current need for housing in the area they could run roughshod over established processes," she said.