MORE than 100 local residents attended an information session on the Eagle Avenue subdivision at the Hawks Nest Community Hall on Saturday, 23 August.
A further 35 joined the meeting online, which was convened by registered surveyor and nearby neighbour Steve Lawler.
Mr Lawler told NOTA he has been “working non-stop” to investigate the subdivision and what he describes as “serious flaws” in both the development application (DA) submission and its approval.
Known as “Water’s Edge Estate”, the approved DA allows for the subdivision of a 6.22 hectare (15.37 acre) area of land into 16 Torrens Title residential lots and 10 Community Title residential lots on Eagle Avenue, Hawks Nest.
Lots range in size from 450sqm to 1,318sqm and are currently on sale.
During the session, Mr Lawler said subdivision works were creating “significant negative impacts” for surrounding properties.
“The DA submission lacks some fundamental environmental analysis reports and without a doubt is contributing to the project stalling,” he said.
“We now have a stalled project that’s created a ground and surface water issue, a road and a site left in a state of neglect, and the local residents are dealing with the consequences,” Mr Lawler said.
Mr Lawler claims the original development plan did not effectively consider flooding impacts, despite the site being “both low-lying and flood-prone”.
“It is simply unbelievable that in 2024-2025, that something of this scale on Hawks Nest’s most environmentally sensitive residentially zoned land and a visually important location, could be approved without proper flood analysis or a visual impact statement,” he told the audience.
Mr Lawler also drew attention to the state of Eagle Avenue itself.
“The road was dug up in April, partially opened, and then left unfinished,” he said.
“Since then, heavy rain has pooled in the excavation, weakening the road base and leaving sections waterlogged and unsafe.
“At the same time, the subdivision site has sat idle for more than four months, leaving residents exposed to groundwater backup that may have impacts further than just to the adjoining streets.”
A spokesperson from MidCoast Council told NOTA the development was currently paused while the developers, Landlink, seek approval for an increased dewatering licence for the site from WaterNSW.
“This licence is required due to the high groundwater conditions currently being experienced across Tea Gardens – Hawks Nest,” they said.
“The MidCoast region, along with much of the east coast, has had unprecedented rainfall this year which has led to record groundwater levels.
“These levels make excavation impossible and as a result the developers are working on a revised dewatering plan that must consider environmental safeguards including the disturbance of acid sulfate soils.
“Once the dewatering licence is secured and construction is able to recommence, drainage works will be constructed which will result in permanent solutions.”
According to the spokesperson, Council staff are regularly monitoring the site and all works in relation to it on adjacent roads, and liaising with both the developer and local residents to limit localised flooding impacts and manage concerns.
Landlink Commercial Manager Lachlan Turner confirmed the development was on pause due to the impacts of the May flood event.
Work is expected to resume next month.
Mr Turner said the preparation of the DA included “significant consultation and modelling around flooding”.
“Conditions of DA approval included flood management measures involving some site modifications, as well as construction of substantial drainage and stormwater infrastructure,” he said.
“All required consultation, investigations, studies, modelling and reports were submitted as part of the DA, including a Landscaping Plan.
“These studies – and further details – are available on the NSW Government Planning portal for public review.”
In attendance at the community meeting was locally-based MidCoast Councillor Thomas O’Keefe, who has met with nearby residents in recent weeks to hear concerns.
A group of local residents have now combined to continue the pushback against the development.
“We only just met with Council heads last Thursday and they need to be given time to respond with a plan,” Mr Lawler said last week.
“In the meantime, we will keep collecting evidence and we’re working to establish a website for the Eagle Ave Residents’ Action Group.”
Residents who wish to participate are being encouraged to send their contact details to eahnra@protonmail.com.
Mr Lawler said further public notices will be issued when the next meeting is scheduled.
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