Issues 193 and 194 of STEP Matters give a rundown of the convoluted application process by the Hills Council through the Gateway process to change zoning and insert site specific conditions that vary the normal development control plan conditions to facilitate the development by Mirvac of the former IBM business site next to Cumberland State Forest.

There have been further iterations of the zoning plan but we cover only the latest application here. The main positive change is the recognition of the high quality bushland by providing for the possibility of an E2 zoning (Environmental Conservation) that does not permit any residential development.

The current development proposal includes construction of 600 dwellings but the zonings will allow further development of the site.

In September the Hills Shire Council has again written to the Department of Planning requesting an amendment to the current Gateway Determination.

The latest zoning application looks like this.

The Forest in Danger group has sent a detailed letter to the Department of Planning objecting strongly to the latest application.

They have also requested that those concerned about the Mirvac proposals convey their objections via email.

The main points of objection to the latest proposal are as follows.

• Even though council and Mirvac have both now theoretically agreed to the forest being protected by E2 Environmental Management zoning, thanks to the outcry by supporters, there is still no formal agreement as to who will own the forest or who will pay for its upkeep. It's been over a year since E2 first appeared on plans yet Mirvac still haven't confirmed an owner for the forest. The E2 zone includes the critically endangered Blue Gum High Forest and endangered Sydney Turpentine Iron Bark Forest.
• There is a Powerful Owl nesting site near to the proposed high density residential area (zone R4) but the required ecological assessment has still not be provided. The current documents also do not make it clear that bushfire APZ will be clear of the Owl’s roosting and nesting areas.
• The medium and high density zoned areas have been extended into areas that include a major tributary of Darling Mills Creek that flows into the Parramatta River and the natural forest regrowth area to the north of the site. The maps do not show any dwellings on these areas currently. What is the reason for the extension of these zones if they are not going to be used for development? The E2 zoning should continue to apply to provide a buffer with the Cumberland State Forest.
• It is proposed that the playing fields be covered with synthetic turf but no ecological assessment has been provided on the impact of runoff into the forest and waterways and any risk in the case of bushfire.
• Previous statements were made that Mirvac would provide a community facility in association with the area of open space but this is no longer part of the proposals. A facility will be badly needed for a large development like this that is touted.
• The previous Gateway Determination required a contribution be made towards state public infrastructure because of the extra population from the development being added to the Cherrybrook Planning Precinct. No commitment has been made.
• The department has refused to allow site-specific provisions for this site yet council is asking again to allow lot sizes of only 86 m². These sites will be only 4 m wide to house a three bedroom home. This will create an undesirable precedent. No urban design analysis has been provided to demonstrate that medium density units within a lot size of only 86 m² will fulfil the standards of amenity through adequate setbacks, landscaping, solar access and private outdoor space.