3 November, 2014
Baird’s 10/50 urban land-clearing rule hits a new snag
A Land and Environment Court ruling has highlighted a new unintended consequence of the Baird government’s deeply flawed 10/50 urban land-clearing laws. [1]
The court has refused a development application for a house at Beecroft because the new building would be within 10 metres of critically endangered Blue Gum High Forest, which the owner would be allowed to cut down under the 10/50 rule. [2]
In its current form, the 10/50 urban land-clearing law overrides threatened species protection laws and council tree preservation orders.
The ruling has implications for the assessment of development applications in urban-bushland fringe areas throughout Sydney and the rest of the state.
“The Land and Environment Court ruling shows the dangers of making policy on the run,” said Nature Conservation Council CEO Kate Smolski.
“The 10/50 urban-land clearing law has already destroyed hundreds of landmark trees, in many cases simply to improve views and property prices.
"It makes a mockery of the planning system when governments make these sorts of policy decisions on the fly.
“There was a very good system in place that allowed residents to have their bushfire risk assessed by professionals from the Rural Fire Service – it is difficult to understand why the Baird government has undermined that.
“The rule overrides years of carefully crafted environmental protections, including the Threatened Species Conservation Act andtree preservation orders - protections many people have fought for years to put in place.
“The government should immediately suspend the 10/50 law pending the current review.”
The Rural Fire Service is currently inviting submissions to a review of the 10/50 law, which it set up in response to the public outcry over the senseless loss of trees throughout urban bushland areas. Submissions to the review close November 14.
[1] http://www.smh.com.au/national/authorities-knock-back-homes-to-avoid-tree-massacres-under-new-laws-20141102-11dubj.html#ixzz3HwT6Op00
[2] http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=174853
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