Flood warnings made over 3 years ago
Recipient:
Planning NSW
13 November 2009
Sent to PAC re risk of flooding, so they can't say they didn't know.
To: Planning Assessment Commission
Cc: DECC Minister John Robertson ; Planning Minister Kristina Keneally ;
NIRAG ; Andrew Clennell ; Environmental Defenders Office
Sent: Friday, November 13, 2009 5:29 PM
Subject: SANDON POINT - WARNING BY DNR/DECCW
Secretariat,
Planning Assessment Commission
13 November 2009
Sandon Point - Submission to PAC
Dear PAC,
I attach a 'warning' letter from DNR now DECCW dated 3.8.06 regarding
flooding issues at Sandon Point that were not taken into consideration by
Minister Sartor before approval, and have not been considered by Minister
Keneally in her recent floodstudies.
Below is an extract (my italics) regarding DoP lack of indemnity from
consequences of failing to address the continuing problems at Sandon Point
Please note the Hewitts Creek Floodplain Risk Management Plan whole of
Catchment has not yet been reviewed as requested by Wollongong City
Council, due to lack of funds by the DECCW.
Also Forbes Rigby has a conflict of interest having done Sandon Point area
floodstudies for WCC and Stockland, also BHP and recently Multiplex in the
escarpment area above the site. Proposed subdivisions would have major
downstream impact on the site, and no account has been made of storm
intensity or other effects of global warming climate change.
I request the PAC address these matters as Minister Keneally has not.
Sincerely,
Jill Walker
"The DNR has assisted Council prepare the Hewitts Creek Floodplain Risk
Management Plan for the area but is unclear as to how these matters have been considered or
addressed in the current proposal. The DOP should ensure that it consults with WCC on the
current proposal, particularly to ensure that any environmental assessment is consistent
with Council's adopted Floodplain Risk Management Plan, including solutions to existing flood
problems, local flood policies and the best information on flood issues in the area, including
the CoI findings.
Given the above, the DNR is concerned that the current planning process
does not appear to have taken appropriate consideration of existing flood information and it
is difficult to see how the principles of the Flood Manual have been addressed.
The Department therefore considers that under these exceptional
circumstances that it has a duty to advise the DOP, as approval authority,
that a failure to reasonably address the Flood Risk Management issues on
the site may nullify the indemnity provisions to the approval body and its
staff under s.733 of the Local Government Act (1993) and s.158 of the
Environmental Planning And Assessment Act (1979).
In summary, the DNR considers that the CoI adequately documented the
relevant flood risk and riparian corridor management design requirements and issues for future
land use planning of the site. This includes issues relevant to identified solutions to
existing flood problems and issues associated with contemporary creek corridor design and stormwater
management. It is noted that the proposal currently before the Minister does not address
these requirements and is therefore not supported by the DNR. Given the flood risks and
liabilities to current and future residents and landholders on the site, and in adjoining areas, the DNR
recommends that the above concerns be carefully reviewed and considered by the DOP with
specific regard to obligations, provisions and principles of the NSW Floodplain Development
Manual."
