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RFS ‘bullied’ on Lizard Rock

20 December, 2024 

Wakehurst MP Michael Regan has accused the NSW Government of ‘bullying’ the NSW Rural Fire Service (NSW RFS) over development at Lizard Rock.

Mr Regan’s claim comes in the wake of a decision by the NSW Government Planning Panel following a public meeting last week (09 December), in which local politicians recorded their strong objections to the proposal for hundreds of new homes in bushland around Morgan Road, Belrose.

The five members of the planning panel reached a 3-2 split decision, with the majority recommending the proposal be put forward to NSW Minister for Planning Paul Scully, if the NSW RFS can be made to agree.

“As the Planning Proposal Authority, the majority of the Panel members (Peter Debnam, Blake Cansdale and Steve O’Connor) determined to recommend to the Department of Planning Housing and Infrastructure (the Department) that it continue to liaise with the NSW Rural Fire Service (RFS) in order to ascertain what changes might be required in order to gain the support of the RFS to the Planning Proposal,” said the written majority decision of the panel.

The NSW RFS submission to the planning panel raised significant concerns about the project, specifically that there was an ‘almost certain’ risk the area would be impacted by bushfire in the future and that evacuation from the area ‘is likely to be difficult’.

The NSW RFS submission concluded that, ‘the site is considered not an appropriate location for the proposal in its current form’.

The two members of the panel who dissented from the majority decision said the rezoning proposal ‘does not have sufficient site-specific merit to proceed’. Their decision was based on the bushfire risk and large amount of land clearing required for a low-density development.

Member for Wakehurst Michael Regan (image above), whose electorate the proposal is within, expressed frustration at the decision, and pointed out that the two members of the panel who dissented are both former Commissioners of the Land and Environment Court.

“I am frustrated and dismayed that the panel has kept this reckless bushfire trap of a proposal alive, despite the overwhelming evidence that the site is completely inappropriate for a residential subdivision.

“The two panel members with the most planning credentials and expertise recommended the rezoning proposal be rejected. This speaks for itself. I know who I would trust.

“While this is not the outcome we wanted, it could have been a lot worse if the panel had followed the Department of Planning’s recommendation to ignore the Rural Fire Service’s objections and approve a residential subdivision of 370 homes. This decision preserves the role of the RFS in decision making.

“The NSW Department of Planning is clearly fixated on getting the rezoning over the line. It is extraordinary, and quite frankly outrageous, that in recommending the panel approve the proposal, they flouted established planning rules which state that a rezoning cannot proceed without RFS support.

“Reading the determination, it seems they are essentially trying to bully the RFS to say yes. Facts are facts. Local volunteer firefighters have told me that there is no safe place to build residential buildings on the site.

“Fires can be fast and intense. Evacuation becomes almost impossible when smoke is thick, and you can’t even see the car in front of you. In good conscience, how can we possibly put the lives of residents and volunteers at such risk?” asked Mr Regan.

One highlight of the panel’s report appears to have been the success of arguments presented by Northern Beaches Council Executive Director of Strategic and Place Planning Malcolm McDonald.

Mr McDonald argued that a conservation zoning should be considered instead, to prevent land uses permitted in R2 such as child care, but which all parties had agreed were not appropriate for the Morgan Road site.

The panel appears to have agreed with Mr McDonald, and urged further discussion about whether a conservation zone should be applied.

“It is recommended there may be further discussions between the Department, Proponent and Northern Beaches Council in relation to potentially amending the R2 zoning to a C3 zoning to remove certain permissible land uses that are not considered suitable in this location,” said the written majority decision of the panel.

The proposal to rezone a large area of what many have previously considered bushland has caused dismay among some locals, but at a February 2022 community consultation, Director North District Brendan Metcalfe responded plainly to a question about why the land could not be kept as bushland.

“It is not a bushland reserve, it is private land. It is their land,” said Mr Metcalfe at the time.

He was referring to the Metropolitan Local Aboriginal Land Council (MLALC), which was given ownership of the land after successful native title claims.

MLALC holds a significant quantity of land on the Northern Beaches (image above), including 135.5ha at Ralston Avenue, Belrose. Six sites, including Morgan Road and Ralston Avenue, are listed as ‘Northern Beaches Aboriginal Land‘ in a category shown as ‘Priority growth areas and precincts’ by the NSW Government.

Images: Northern Beaches Advocate