Fence DA approved

On 24 December 2020, via the Land & Environment Court, Georges River Council entered into a s34 agreement under the Court Act to grant consent to the application from Beverley Park Golf Club Ltd for the perimeter security fence around the golf course.

This result (and the timing of the announcement on 24 December) is hugely disappointing to the residents of Beverley Park, who were restricted in their participation of the conciliation conference due to COVID-19 restrictions.

This followed the No Fence Community Walk held earlier in December.

The Association continues to research all possible options to ensure the perimeter fence is not erected.

Beverley Park Golf Club appeal FENCE refusal decision in Land and Environment Court

The Beverley Park Golf Club appealed the Georges River Local Planning Panel’s decision of refusal of the Fence DA in the Land and Environment Court. The applicant submitted amended plans which saw the fence moved inside the current fence line to the actual boundary of the course.

On 16 Nov 2020 the Land and Environment Court Commissioner and expert witnesses from the applicant and Georges River Council external solicitor participated in a Conciliation Conference, inspecting the site and hearing verbal submissions from residents.

On 7th Dec 2020 Council’s external solicitor, HWL Ebsworth notified all residents who had written submissions that as a result of the conciliation, the Applicant agreed to make several changes to the plans to address Council and their expert’s concerns with the development.

Actions you can take to help stop the Fence DA

• Email John Cole, Council's external solicitor jcole@hwle.com.au, cc Alex Epstein aepstein@hwle.com.au

• Email Gail Connolly Georges River Council GM gconnolly@georgesriver.nsw.gov.au

• Email Georges River Councillors (click on this link to get a doc to copy and paste Councillor emails)

• Write Letters to the Editor at The Leader

• If you have friends who are members of the golf club, ask them to email the club management
  DEADLINE: 15th DECEMBER 2020

Points to include in your emails:-

1. This Amended Plan is totally unacceptable and would be more appropriate for a penitentiary than a pristine RE1 open space area used as a golf course.

2. The applicant has failed to address adequately the social impacts of the proposed development in terms of its impact on local character and amenity as detailed by the Local Planning Panel’s refusal in 2019.

3. The applicant has failed to reasonably consider other alternative security measures such as CCTV, solar powered sensor lights in particular areas of concern, etc.  Their Security Expert’s advice should not be considered as it was biased towards the golf club as shortly after his writing his reports he became a Director on the Board of the Beverley Park Golf Club.

4. The proposed fence is still inconsistent with the objectives of Council’s RE1 Public Recreation Zone under Kogarah LEP’2012 as the proposed fence design, location, height, size and length are considered visually obtrusive.  It obscures vistas across the golf course from surrounding areas and will result in a loss of public amenity and does not serve to protect and enhance the natural environment.

5. The proposed fence is contrary to the Club’s Master Plan of October’2009 endorsed by Council in 2011 which is to protect the established ambience of the golf course by the retention of the relaxed open feel of the course.

6. The proposed 2.1metre fence is not in the public interest for the reasons that it appears to be a disproportionate response to the safety and security concerns asserted by the applicant.

7. Council resolution ENV049-20 from Dec 14 2020 resolves that ‘Council will take all actions to strongly oppose any development that contravenes the Beverley Park Plan of Management 2006 and the Beverley Park Masterplan 2009 until such time as the Beverley Park Plan of Management 2006 is updated and adopted by Council.’

   The proposed development contravenes the Beverley Park Plan of Management 2006. The Plan of Management identifies Beverley Park as a Sportsground, to encourage, promote and facilitate recreational pursuits and activities in the community. The Local Government Act outlines one of the core objectives for land catogorised as a sportsground is “to ensure that such activities are managed having regard to any adverse impact on nearby residences.”

   It also defines ‘the Golf Course is valued as a preferred place because it provides a cultural framework that defines the relationship between people, place and the environment by instilling a strong sense of identity and cohesion within the local community’.

Kogarah Bay Progress Association Submission to latest amended plans received on 7th Dec 2020

beverley park golf course boundary fence

FEnce DA refused - a win for the community

On Thursday 18th July, 2019 DA2017/0471 appeared before the Georges River Council Local Planning Panel for determination. Over 80 people from the community attended in support of the 6 speakers registered to speak in objection of this proposal. The applicant, Beverley Park Golf Course were absent from the Panel meeting, and instead sent a Planning Consultant they appointed 3 days earlier to attend and speak on their behalf. Watch Council’s Webcast of the Meeting.

The Independent Assessor appointed by Council made a recommendation for refusal in the report prepared for the Local Planning Panel. Following the meeting, the decision of the Local Planning Panel was a determination of refusal. A summary of the reasons for refusal is outlined below:-

• No owners consent from Sydney Water (one of 3 land owners)

• Insufficient information including no survey plan, no landscape plan, inconsistent reference to number of trees to be removed, impact on flora and fauna, visual analysis, social impacts on local character and amenity

• Fence design, location, height and size are visually intrusive. Obscures vistas across golf course from surrounding areas. Will result in loss of public amenity and does not serve to protect and enhance the natural environment

• The construction of fences is an invalid reason to remove trees when no potential alternatives have been investigated

• The proposal is not in the public interest for the following reasons 

  • as it is a disproportionate response to the safety and security concerns asserted by the applicant

  • due to the significant trees removal where there are opportunities to avoid the removal of the trees.

  • the failure to provide adequate information to enable a proper assessment of the application.

Read the full list of reasons in the Minutes of the LPP meeting.

people power stopped the granting of a lease for road reserves

The Beverley Park Residents Action Group presented documentation to Georges River Council on 29th May 2018, showing that where the current coppers-log fence sits around the golf course in many areas is situated on land classified as a public road. Council conducted their own site survey which confirmed that the actual boundary of the golf course is in fact 4-6m inside the current log fence. Council’s Director of Planning has advised that this DA can not be determined until the fence is situated on land controlled by the Golf Club. Council’s Property Team prepared a report for Council recommending a ‘Lease be granted to BPGC for the road reserves’.

After huge lobbying from the community and over 100 residents in attendance at the 26th Nov Council Meeting, the community had a big win with all 13 Councillors, who were in attendance, voting unanimously ‘not to grant a lease for public road reserves’ to Beverley Park Golf Club.

This is a big win, because now the BPGC’s Development Application for a perimeter fence is basically applying to erect a fence on land that is outside the leased land of the Golf Club (ie: the club has no tenure or control over this land, so no right to erect a structure on it).

The community came together to demonstrate ‘People Power’ with over 100 residents in attendance. There were cheers of vocal support from the packed gallery and Councillors were forced to listen to the community’s objections.

26 Nov 2018 Council Meeting Agenda/Report

26 Nov 2018 Council Meeting Minutes

26 Nov 2018 Council Meeting Webcast (Go to min39.00 to hear our 3 speeches and the awesome raucous cheers at the end of each from the crowd!!!)

12 Nov 2018 Finance and Governance Committee Meeting Agenda/Report

12 Nov 2018 Finance and Governance Committee Meeting Minutes

background

The Beverley Park Golf Club Ltd have submitted DA2017/0471 to Georges River Council to erect a 2.1m high spear-top metal security fence around the perimeter of the Beverley Park Golf Course.

The DA was submitted on 9th Oct 2017 and put on public exhibition on 6th March 2018. The development application that was submitted was deficient of a lot of information. Firstly there was no site survey indicating where the actual boundary of the golf course is and where the proposed fence would be situated. There was no arborists report indicating the health or otherwise of the 156 trees that would need to be cut down and destroyed to make way for the erection of the fence. There was no flora and fauna (ecological) report stating the impact of the removal of so many trees on the native flora and fauna. The Security Risk Assessment report included in the development application failed to mention the increased risk to neighbouring residents and their properties through the increase in golf balls landing in their properties once the tree buffer was removed. The Streetscape Analysis included in the application was incorrect, displaying a fence of 1.4m high, instead of 2.1m high. It also failed to show the streetscape impact on the neighbouring homes and the Heritage Conservation Area. There was no Hazard Assessment included showing the risk to emergency access/egress if flooding occurs once the fence is erected.

When the DA was first put on public exhibition, the residents of Beverley Park met to discuss the DA and formed the Beverley Park Residents Action Group. The Kogarah Bay Progress Association has been in regular contact with this group, providing support and guidance on this issue.

For more information and to be kept updated on this issue you can sign the petition or join the groups Facebook page.