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1. The General Manager
   Lake Macquarie City Council
   PO Box 1906
   Hunter Region Mail Centre, NSW 2310
   RE: DA 1257/2015
   At: 5 Vivienne St Whitebridge

   Dear Sir,

   Along with many others, I believe council should consider all development applications which are to occur on E2 conservation land along the Fernleigh Track more critically than they appear to have done hitherto for the sake of the natural environment. Any incursion into E2 conservation land along the Fernleigh Track should be assessed on the assumption that it is habitat supporting threatened species. LMCC’s Environmental Review during the rezoning of this land argued for the likelihood of threatened species along the length of the track. Confirmation of this was offered by Dr John Clulow [an expert in Environmental & Conservation Biology, at the University of Newcastle] at the HCC JRPP meeting on July 23rd 2015, and in his written submissions in response to DA 1774/2013 relating to a threatened specie’s reliance on land along the Fernleigh Track at Whitebridge and surrounds. It is my understanding that current research data has detected squirrel gliders in this location.

   OBJECTIVES OF ZONE E2
   _ to protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
   _ to prevent development that could destroy, damage or otherwise have an adverse effect on
   those values.
   _ to conserve, enhance and manage corridors to facilitate species movement, dispersal, and
   interchange of genetic material.
   _ to encourage activities that meet conservation objectives.
   _ to enhance and manage areas affected by coastal processes.

   The treatment of E2 land abutting the track, and whose status as significant to environmental conservation and biodiversity maintenance is reflected in LMCC Flora and Fauna Corridor maps, should reflect the importance of this land as conservation land. The Hunter Eco Ecology Report submitted with this application [written prior to LEP2014, and when the E2 zone was classified as 7(2)] wrongfully asserts at 3.2 and 4.2 that the conservation land is not home nor habitat for any threatened species.

   This declaration is based on assumption and generic ‘testing’. The more rigorous, independent analyses cited above state the opposite. If any assumptions are to be made, these should reflect the presence of threatened species in conservation land abutting the Fernleigh Track, as that is where the evidence is pointing. Compromising the viability of the fauna corridor between three significant environmental zones – Glenrock State Conservation Area, Belmont Wetlands and the Awabakal nature reserve- is a worrying outcome otherwise.

   Land in the E2 zone [at 50 Lonus Ave – site of the land in question] has been illegally cleared in the past. A community member spoke to LMCC about this in April 2014. He was told the land was cleared illegally by the developers. The council officer advised that the clearing took place in Jan 2013 and LMCC were aware of the clearing, and stated there would be a non-compliance certificate issued to the developers until the land was remediated. As you will appreciate, this is cold comfort as the damage is done and the rehabilitation, if it occurs, will be slow. Compliance notes are easy to write but hard to enforce it seems. All the more reason for protecting the remaining conservation land for its primary purpose and to mitigate against adverse effects.

   Further to this, the size of the animal shelter suggests it is for cattle or horses. This use doesn’t appear to be a listed use for E2 or R2 zoning. I appreciate that formerly large animals were kept on the site, this would have started under earlier, different zoning. I would appreciate some clarification on this as grazing would seem to be at odds with E2 objectives, especially as Council and the community understands the environmental significance of the intended conservation purposes of this land.

   Regards,
   Michelle Burdekin

2. Dear Sir,

   A correction to my earlier letter. The date the clearing happened was Jan 2014 not 2013. I can give you the name of the community member who rang and the council officer who provided the information stated above re illegal clearing on request.

   Regards,
   Michelle Burdekin

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